STATE v. GEE

No. 85-615.

723 P.2d 934 (1986)

STATE of Montana, Plaintiff and Appellant, v. Michael Kevin GEE, Defendant and Respondent.

Supreme Court of Montana.

Decided August 11, 1986.

Rehearing Denied September 11, 1986.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, A. Michael Salvagni, Cty. Atty., Marty Lambert, Deputy Cty. Atty., Bozeman, for plaintiff and appellant.

Bolinger & Foster, K. Robert Foster, Bozeman, for defendant and respondent.


HUNT, Justice.

The State appeals from the order of the Gallatin County District Court granting Gee's motion to dismiss for lack of jurisdiction.

We affirm.

The issue on appeal is whether the District Court erred in granting Gee's motion to dismiss the charge against him of driving under the influence of alcohol, third offense, for lack of jurisdiction because he had only one prior DUI conviction as an adult.

On March 7, 1981, Gee was charged...

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