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STATE v. MOONEY

No. 05-245.

137 P.3d 532 (2006)

2006 MT 121

332 Mont. 249

STATE of Montana, Plaintiff and Respondent, v. Clayton MOONEY, Defendant and Appellant.

Supreme Court of Montana.

Decided: May 31, 2006.

Attorney(s) appearing for the Case

Richard J. Carstensen, Attorney at Law, Billings, for Appellant.

Honorable Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General; Helena, Dennis Paxinos, County Attorney; Ingrid A. Rosenquist, Deputy County Attorney, Billings, for Respondent.

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

¶ 1 After protracted proceedings, the Thirteenth Judicial District Court, Yellowstone County, sentenced Clayton Mooney to a suspended six-month jail term (with the exception of seven days) for driving under the influence (DUI) in violation of § 61-8-401, MCA. Mooney now appeals.

¶ 2 We restate the issues as follows:

¶ 3 1. Did the District Court violate Mooney's constitutional...

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