STATE v. WALKER

No. 05-704.

153 P.3d 614 (2007)

2007 MT 34

336 Mont. 56

STATE of Montana, Plaintiff and Respondent, v. John D. WALKER, Defendant and Appellant.

Supreme Court of Montana.

Decided February 13, 2007.


Attorney(s) appearing for the Case

For Appellant: Jeremy S. Yellin, Havre, Montana.

For Respondent: Mike McGrath, Attorney General; Mark W. Mattioli, Assistant Attorney General, Helena, Montana; Cyndee Peterson, Hill County Attorney; Gina Bishop, Deputy County Attorney, Havre, Montana.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 John D. Walker (Walker) appeals from an order of the Twelfth Judicial District, Hill County, denying his motion to dismiss. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 The State charged Walker on April 19, 2004, with Driving Under the Influence of Alcohol (DUI), Fourth or Subsequent Offense, a felony, and four misdemeanor offenses. The State based the felony DUI charge on...

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