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CITY OF HELENA v. DANICHEK

No. 95-394.

922 P.2d 1170 (1996)

CITY OF HELENA, Plaintiff and Respondent, v. Frank DANICHEK, Defendant and Appellant.

Supreme Court of Montana.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Edmund F. Sheehy, Jr. (argued), Cannon & Sheehy, Helena, for defendant-appellant.

Joseph P. Mazurek, Attorney General, Brenda Nordlund (argued), Assistant Attorney General, Robert Wood, Assistant City Attorney, Helena, for plaintiff and respondent.

Steve Fletcher (argued), Bulman Law Associates, Missoula, for amicus curiae.

ERDMANN, Justice.

Appellant Frank Danichek appeals from an order entered by the First Judicial District Court, Lewis and Clark County, denying his motion to dismiss the charge of driving under the influence of alcohol on double jeopardy grounds. We affirm.

The issue on appeal is whether the District Court erred in denying Danichek's motion to dismiss based on his claim that the Double Jeopardy Clause of both the United States and Montana Constitutions prohibits...

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