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STATE v. REINER

No. 01-604.

77 P.3d 210 (2003)

2003 MT 243

STATE of Montana, Plaintiff and Respondent, v. Frank Frederick REINER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 11, 2003.

Attorney(s) appearing for the Case

For Appellant: Richard R. Buley, Tipp & Buley, Missoula, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Tammy K. Plubell, Assistant Montana Attorney General, Helena, Montana; Robert Long, Lake County Attorney, Polson, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Frank Frederick Reiner (Reiner) was convicted of misdemeanor driving under the influence of alcohol or drugs. He was sentenced to six months in the Lake County Jail, with all but ten days suspended. He appeals. We reverse.

ISSUE

¶ 2 Reiner presented several issues on appeal. The dispositive issue, as restated by this Court, and the only issue we will address is whether the...

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