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STATE v. REYNOLDS

No. 94-368.

899 P.2d 540 (1995)

STATE of Montana, Plaintiff and Respondent, v. Martin Daniel REYNOLDS, Defendant and Appellant.

Supreme Court of Montana.

Decided July 17, 1995.

Attorney(s) appearing for the Case

Jeannette Ellen Berry, Berry Law Firm, Bozeman, for appellant.

Joseph P. Mazurek, Atty. Gen., Elizabeth L. Griffing, Asst. Atty. Gen., Helena; and A. Michael Salvagni, Gallatin County Atty., and Susan Swimley, Deputy Gallatin County Atty., Bozeman, for respondent.

NELSON, Justice.

Defendant/Appellant, Martin Reynolds (Reynolds), was charged with a third offense of driving under the influence of alcohol (DUI) on December 22, 1991. After a hearing, the Gallatin County Justice Court denied Reynolds' motion to dismiss, found Reynolds guilty, and stayed sentence pending appeal. Reynolds appealed to district court. The Eighteenth Judicial District Court, Gallatin County, denied Reynolds' motion to dismiss and following trial, found...

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