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STATE v. KVISLEN

No. 02-067.

64 P.3d 1006 (2003)

2003 MT 27

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

Supreme Court of Montana.

Decided February 19, 2003.

Attorney(s) appearing for the Case

Gary E. Wilcox, Attorney at Law, Billings, Montana, for appellant.

Honorable Mike McGrath, Attorney General; Mark W. Mattioli, Assistant, Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Rod Souza, Deputy County Attorney, Billings, Montana, for respondent.

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

¶ 1 Michael Kvislen (Kvislen) appeals from his conviction in the Thirteenth Judicial District Court for felony DUI. We reverse.

¶ 2 The following issues are raised on appeal:

¶ 3 (1)Whether the District Court erred by denying Kvislen's motion to dismiss without holding an evidentiary hearing concerning Kvislen's claim that one of...

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