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STATE v. ANDERSON

No. 98-005.

967 P.2d 413 (1998)

1998 MT 258

STATE of Montana, Plaintiff and Appellant, v. John Henry ANDERSON, Defendant and Respondent.

Supreme Court of Montana.

Submitted July 23, 1998.

Decided October 29, 1998.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Cregg Coughlin (argued), Assistant Attorney General, Helena, Montana, Ronald S. Efta, Wibaux County Attorney, Wibaux, Montana, for Appellant.

Jay F. Lansing (argued), Billings, Montana, for Respondent.

TURNAGE, Chief Justice.

¶ 1 The State of Montana appeals from an order of the Seventh Judicial District Court, Wibaux County, dismissing a charge against John Henry Anderson of driving while under the influence of alcohol (DUI), third offense. We reverse.

¶ 2 The issue is whether the District Court erred in dismissing the DUI charge as violative of the Double Jeopardy Clause.

¶ 3 John Henry Anderson was arrested on August 17, 1996, and...

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