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STATE v. SPENCER

No. 04-621.

125 P.3d 1151 (2005)

2005 MT 338

330 Mont. 80

STATE of Montana, Plaintiff and Respondent, v. Jeremy SPENCER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 27, 2005.

Attorney(s) appearing for the Case

James M. Siegman, Deputy Public Defender, Billings, Montana, for Appellant.

Hon. Mike McGrath, Attorney General; Joslyn M. Hunt, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Ann-Marie McKittrick, Deputy County Attorney, Billings, Montana, for Respondent.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Jeremy Spencer (Spencer) appeals from an order of the Thirteenth Judicial District Court, Yellowstone County, excluding testimony. We affirm.

¶ 2 The issue on appeal is whether the District Court erred in excluding testimony offered by Spencer to show that his speedometer was working incorrectly and the size of his vehicle's tires had an effect on the speedometer.

¶ 3 During...

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