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DEXTER v. SHIELDS

No. 02-620.

92 P.3d 1208 (2004)

2004 MT 159

Kenneth DEXTER, Petitioner and Appellant, v. Jack SHIELDS, Justice of the Peace and John Doe, Sheriff of Fergus County, Respondent and Respondent.

Supreme Court of Montana.

Decided June 22, 2004.

Attorney(s) appearing for the Case

For Appellant: Gary E. Wilcox, Billings, Montana; Jeffrey G. Michael, Billings, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Pamela P. Collins, Assistant Attorney General, Helena, Montana; Thomas P. Meissner, Fergus County Attorney, Lewistown, Montana.

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

¶ 1 Kenneth Dexter (Dexter) was sentenced to one year in jail for third offense DUI. His sentence was suspended upon condition that he serve ninety days and pay a fine. He failed to do either. Approximately three years later, he was arrested on an outstanding warrant issued after his suspended sentence had expired. Presiding Justice of the Peace Jack Shields...

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