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STATE v. WIDENHOFER

No. 96-700.

950 P.2d 1383 (1997)

STATE of Montana, Plaintiff and Respondent, v. Ralph Patrick WIDENHOFER, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided December 23, 1997.

Attorney(s) appearing for the Case

Steven M. Hudspeth, Great Falls, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Elizabeth L. Griffing, Assistant Attorney General, Mike Menehan, Deputy Lewis and Clark County Attorney, Helena, for Plaintiff and Respondent.

LEAPHART, Justice.

Ralph Patrick Widenhofer, Jr. (Widenhofer) appeals from the decision of the First Judicial District Court, Lewis and Clark County, denying his motion to suppress evidence of his blood alcohol concentration (BAC) and allowing hearsay evidence indicating who was the driver of a vehicle involved in a one-vehicle rollover accident. Affirmed in part and reversed and remanded in part.

Background

On the evening of October 28, 1995, Widenhofer...

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