Justice JIM RICE delivered the Opinion of the Court.
¶ 1 Raymond Maki appeals from his conviction on January 22, 2002, in the Eighth Judicial District Court, Cascade County, finding him guilty of driving under the influence of alcohol. We affirm the conviction.
¶ 2 The sole issue on appeal is whether the defendant received ineffective assistance of counsel because his counsel failed to file a motion to dismiss.
BACKGROUND
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