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STATE v. OTTO

No. 03-604.

102 P.3d 522 (2004)

2004 MT 338

324 Mont. 217

STATE of Montana, Plaintiff and Respondent, v. Duane Alan OTTO, Defendant and Appellant.

Supreme Court of Montana.

Decided November 30, 2004.

Attorney(s) appearing for the Case

For Appellant: Torger S. Oaas, Lewistown, Montana.

For Respondent: Mike McGrath, Montana Attorney General, C. Mark Fowler, Assistant Attorney General, Helena, Montana; Thomas P. Meissner, Fergus County Attorney, Lewistown, Montana.

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

¶ 1 Duane Alan Otto pled guilty to a first offense violation of § 61-8-401, MCA, driving under the influence of alcohol ("DUI"). The plea was made pursuant to § 46-12-204(3), MCA, allowing Otto to appeal the District Court's denial of both his Motion to Dismiss and his Motion to Suppress. We affirm.

ISSUES

¶ 2 1. Did the District...

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