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STATE v. SIDMORE

No. 97-050.

951 P.2d 558 (1997)

STATE of Montana, Plaintiff and Respondent, v. Ed Roy SIDMORE, Defendant and Appellant.

Supreme Court of Montana.

Decided December 18, 1997.

Rehearing Granted October 30, 1997.

Attorney(s) appearing for the Case

Lane K. Bennett, Kalispell, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Helena, Kim Christopher, Lake County Attorney, Robert J. Long, Deputy Lake County Attorney, Polson, for Plaintiff and Respondent.

NELSON, Justice.

Ed Roy Sidmore (Sidmore) appeals from a jury trial conviction of felony DUI, fourth offense, and from rulings made by the Twentieth Judicial District Court, Lake County, denying his motions to dismiss the charge of felony DUI, fourth offense. We reverse and order the felony charges against Sidmore to be dismissed.

Sidmore raises the following issues on appeal:

1. Did the District Court err in denying his motion to dismiss for lack...

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