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CITY OF BILLINGS v. SMITH

No. 95-346.

932 P.2d 1058 (1997)

CITY OF BILLINGS, State of Montana, Plaintiff and Respondent, v. James Virl SMITH, Defendant and Appellant.

Supreme Court of Montana.

Decided February 6, 1997.

Attorney(s) appearing for the Case

James V. Smith, Pro Se, Billings, Montana.

Joseph P. Mazurek, Attorney General, John Paulson, Ass't Attorney General, Helena, Mary Jane Knisely, City Attorney's Office, Billings, for Respondent.

LEAPHART, Justice.

James Smith appeals from the June 14, 1995 Judgment of the Thirteenth Judicial District Court, Yellowstone County, convicting him and sentencing him to sixty days in jail and payment of fines and costs for driving while under the influence of alcohol, driving with no proof of vehicle insurance, and failure to carry vehicle registration. We reverse and remand.

We consider the following issue on appeal:

Did the District Court err...

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