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STATE v. CALDWELL

No. 98-075.

968 P.2d 711 (1998)

1998 MT 261

STATE of Montana, Plaintiff and Respondent, v. Harvey CALDWELL, Defendant and Appellant.

Supreme Court of Montana.

November 5, 1998.

OPINION AND ORDER

Background

¶ 1 On May 24, 1997, Harvey Caldwell (Caldwell) pleaded guilty in Powell County Justice Court to driving under the influence of alcohol and was convicted of and sentenced for that offense. Caldwell reserved the right to appeal the Justice Court's denial of his motion to dismiss the charge pursuant to § 46-12-204(3), MCA. In this motion, Caldwell argued that the charge should...

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