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STATE v. ASHMORE

No. DA 06-0587.

176 P.3d 1022 (2008)

2008 MT 14

341 Mont. 131

STATE of Montana, Plaintiff and Appellee, v. Tara ASHMORE, Respondent and Appellant.

Supreme Court of Montana.

Decided January 22, 2008.

Attorney(s) appearing for the Case

For Appellant: Jason Marks, Office of the Public Defender, Missoula, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Sheri K. Sprigg, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney, Kirsten LaCroix, Deputy County Attorney, Missoula, Montana.

Justice. PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Appellant Tara Ashmore appeals the denial of her motion to dismiss in the Fourth Judicial District, Missoula County. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On July 16, 2005, Missoula County Sheriffs Reserve Deputies Jarret Hoke and Audrey Kramer were on a special patrol of the Johnsrud Recreational Area of the Blackfoot River in Missoula County. As Hoke was completing...

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