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STATE v. VONBERGEN

No. 02-155.

77 P.3d 537 (2003)

2003 MT 265

STATE of Montana, Plaintiff and Respondent, v. Martin Lee VonBERGEN, Defendant and Appellant.

Supreme Court of Montana.

Decided September 30, 2003.

Attorney(s) appearing for the Case

For Appellant: Brian Kohn, Attorney at Law, Billings, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana, Michael B. Hayworth, County Attorney, Forsyth, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Martin Lee VonBergen (VonBergen) appeals the Sixteenth Judicial District Court's refusal to hear his pretrial suppression motion as untimely filed and waived. We affirm.

¶ 2 The sole issue presented upon appeal is whether the District Court erred when it denied as untimely Defendant's motion to suppress.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 On September 18...

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