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STATE v. DIESEN

No. 98-675.

992 P.2d 1287 (2000)

2000 MT 1

STATE of Montana, Plaintiff and Respondent, v. Gary Helge DIESEN, Defendant and Appellant.

Supreme Court of Montana.

Decided January 3, 2000.

Attorney(s) appearing for the Case

Mary L. Zemyan, Wolf Point, Montana, For Appellant.

Joseph P. Mazurek, Montana Attorney General, Tammy K. Plubell, Assistant Montana Attorney General, Helena, Montana; Kenneth Oster, Valley County Attorney, Glasgow, Montana, For Respondent.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 Gary Helge Diesen (Diesen) was convicted by jury of Boating Under the Influence of Alcohol, a misdemeanor, in violation of § 23-2-523(2), MCA, in the Valley County Justice Court. Diesen then appealed his conviction to the Seventeenth Judicial District Court, Valley County, and filed a Motion for Dismissal, alleging that venue was improper because the State of Montana (the State) failed...

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