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STATE v. SIMMONS

No. 98-682.

15 P.3d 408 (2000)

2000 MT 329

STATE of Montana, Plaintiff and Respondent, v. Brian Paul SIMMONS, Defendant and Appellant.

Supreme Court of Montana.

Decided December 14, 2000.

Attorney(s) appearing for the Case

Gary R. Thomas, Thomas Law Office, Red Lodge, MT, For Appellant.

Honorable Joseph P. Mazurek, Attorney General; Brenda Nordlund, Assistant Attorney General, Helena, MT, Robert Eddleman, County Attorney, Columbus, MT, For Respondent.

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

¶ 1 Brian Paul Simmons pled guilty to driving under the influence (DUI), reserving his right to appeal the denial of his motion to suppress evidence on two grounds. We affirm the decision of the Thirteenth Judicial District Court, Stillwater County.

¶ 2 The issues are:

¶ 3 1. Did the District Court err in denying Simmons' motion to suppress the results of his breath test...

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