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STATE v. DEVLIN

No. 98-143.

980 P.2d 1037 (1999)

1999 MT 90

STATE of Montana, Plaintiff and Appellant, v. Michael James DEVLIN, Defendant and Respondent.

Supreme Court of Montana.

Submitted March 11, 1999.

Decided April 28, 1999.

Rehearing Denied June 10, 1999.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, George H. Corn, County Attorney; Geoffrey T. Mahar (argued), Deputy County Attorney Hamilton, Montana, For Appellant.

Paul Neal Cooley (argued), Skelton & Cooley, Missoula, Montana, For Respondent.

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 In this DUI case, the Twenty-first Judicial District Court, Ravalli County, suppressed evidence of Michael James Devlin's responses to an officer's requests that he recite the alphabet and count in sequence. The State of Montana appeals. We reverse and remand for further proceedings consistent with this Opinion.

¶ 2 The issue is whether the District Court erred in granting Devlin...

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