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STATE v. ANDERSON

No. 00-186.

32 P.3d 750 (2001)

2001 MT 188

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

Supreme Court of Montana.

Decided September 19, 2001.

Attorney(s) appearing for the Case

Jay F. Lansing, Moses Law Firm, Billings, MT, for Appellant.

Joseph P. Mazurek, Attorney General; Cregg Coughlin, Assistant Attorney General, Helena, MT; Ronald S. Efta, County Attorney, Wibaux, MT, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 John Henry Anderson (Anderson) appeals the Seventh Judicial District Court's denial of his motion to dismiss charges of driving while under the influence of alcohol (DUI). He contends that the District Court's order violates the Montana Constitution's prohibition against double jeopardy under our decision in State v. Guillaume, 1999 MT 29, 293 Mont. 224, 975 P.2d 312

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