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CITY OF MISSOULA v. LYONS

No. 03-756.

97 P.3d 1120 (2004)

2004 MT 255

323 Mont. 67

CITY OF MISSOULA, Plaintiff and Respondent, v. Jessica R. LYONS, Defendant and Appellant.

Supreme Court of Montana.

Decided September 14, 2004.

Attorney(s) appearing for the Case

For Appellant: Mark E. Jones, Missoula, Montana.

For Respondent: Mike McGrath, Attorney General; Pamela P. Collins, Assistant Attorney General, Helena, Montana, Andrew F. Scott, Deputy City Attorney, Missoula, Montana.

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

¶ 1 Jessica R. Lyons appeals from a denial of her appeal to the District Court on her motion to suppress. We affirm.

¶ 2 We restate the issues on appeal as:

¶ 3 May this Court consult the recording of the evidentiary hearing in the Municipal Court regarding Lyons's BAC test results?

¶ 4 Did the District Court err in...

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