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STATE v. SPOTTED EAGLE

No. 02-452.

71 P.3d 1239 (2003)

2003 MT 172

STATE of Montana, Plaintiff and Respondent, v. Eugene SPOTTED EAGLE, Defendant and Appellant.

Supreme Court of Montana.

Decided June 23, 2003.

Attorney(s) appearing for the Case

Laurie McKinnon, Choteau, Montana (argued), For Appellant.

Mike McGrath, Montana Attorney General, Mark W. Mattioli, Assistant Montana Attorney General (argued), Helena, Montana; Chris Christensen, Pondera County Attorney, Conrad, Montana, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The Appellant, Eugene Spotted Eagle, was charged with operating a motor vehicle under the influence of alcohol, a felony, in the District Court for the Ninth Judicial District in Pondera County. He plead guilty to the charges and reserved the right to appeal the District Court's denial of his motion to dismiss, in which he argued that his four prior uncounselled tribal court DUI convictions could...

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