STATE v. SPIETH

No. 90-190.

797 P.2d 221 (1990)

STATE of Montana, City of Bozeman, Plaintiff and Respondent, v. Donald Leon SPIETH, Defendant and Appellant.

Supreme Court of Montana.

Decided September 4, 1990.


Attorney(s) appearing for the Case

McKinley Anderson, Bozeman, for defendant and appellant.

Marc Racicot, Atty. Gen., Elizabeth S. Baker, Asst. Atty. Gen., Helena, Bruce Becker, City Atty., Bozeman, for plaintiff and respondent.


BARZ, Justice.

Defendant Donald Leon Speith appeals the Eighteenth Judicial District Court's order dismissing his appeal from Bozeman City Court as untimely. We affirm.

The following issues are presented for review:

1. Is the defendant, convicted in city court of driving under the influence of alcohol, entitled to de novo review in the District Court where he failed to secure transmittal of the record? 2. Is the defendant entitled...

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