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STATE v. DELAP

No. 88-601.

772 P.2d 1268 (1989)

STATE of Montana, Plaintiff and Appellant, v. Kevin Leslie DELAP, Defendant and Respondent.

Supreme Court of Montana.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Bruce E. Becker, City Atty., Karl P. Seel, Bozeman, for plaintiff and appellant.

James A. Johnstone, Bozeman, for defendant and respondent.

GULBRANDSON, Justice.

The State of Montana appeals the order of the Eighteenth Judicial District Court, Gallatin County, dismissing two charges against Kevin Delap (Delap). Delap was convicted in City Court in Bozeman, Montana, of violating § 61-8-401, MCA, driving under the influence, and § 23-2-631, MCA, operating a snowmobile on a city street. Delap appealed his conviction to the District Court which dismissed...

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