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STATE v. SMERKER

No. 04-826.

136 P.3d 543 (2006)

2006 MT 117

332 Mont. 221

STATE of Montana, Plaintiff and Respondent, v. Randy Blaine SMERKER, Defendant and Appellant

Supreme Court of Montana.

Decided: May 25, 2006.

Attorney(s) appearing for the Case

Randy H. Randolph, Havre, for Appellant.

Mike McGrath, Attorney General; Joslyn M. Hunt, Assistant Attorney General, Helena, Cyndee L. Peterson, Hill County Attorney, Havre, for Respondent.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Randy Blaine Smerker (Smerker) appeals from the judgment entered by the Twelfth Judicial District Court, Hill County, on his conviction for driving under the influence of alcohol (DUI), fourth or subsequent offense, a felony. We affirm.

¶ 2 Smerker raises the following issues on appeal:

¶ 3 1. Did the District Court err in denying Smerker's motion to dismiss based on...

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