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STATE v. BARKER

No. 93-113.

858 P.2d 360 (1993)

STATE of Montana, Plaintiff and Appellant, v. Gary Lee BARKER, Defendant and Respondent.

Supreme Court of Montana.

Decided August 24, 1993.

Attorney(s) appearing for the Case

George H. Corn, Ravalli County Atty., Gerald D. Williams, Deputy Ravalli County Atty., Hamilton, for plaintiff and appellant.

David E. Stenerson, Hamilton, for defendant and respondent.

TURNAGE, Chief Justice.

The District Court for the Twenty-First Judicial District, Ravalli County, vacated a justice court's ruling which found appellant Barker guilty of reckless driving, on the grounds that the defendant had not been charged with reckless driving. The District Court further held that any retrial for the offense of driving under the influence of alcohol would violate defendant's constitutional protection against double jeopardy. The State appeals...

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