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STATE v. HENDRICKSON

No. 96-140.

939 P.2d 985 (1997)

STATE of Montana, Plaintiff and Appellant, v. Orval Lee HENDRICKSON, Defendant and Respondent.

Supreme Court of Montana.

Decided June 10, 1997.

Attorney(s) appearing for the Case

Susan L. Wordal, City Prosecutor, Bozeman, for Plaintiff and Appellant.

Allen Beck, Attorney at Law, Billings, for Respondent.

LEAPHART, Justice.

The State of Montana (State) appeals from the Eighteenth Judicial District Court's order dismissing charges of Driving Under the Influence, a violation of § 61-8-401, MCA, against Orval Lee Hendrickson (Hendrickson). We reverse in part, affirm in part, and remand.

We address the following issue on appeal: Did the District Court err in dismissing the charges because Officer John Woodland of the Belgrade Police Department did...

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