STATE v. ANDERSON


182 P.3d 80 (2008)

2008 MT 116

342 Mont. 485

STATE of Montana, Plaintiff and Appellee, v. John William ANDERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided April 9, 2008.


Attorney(s) appearing for the Case

Jeremy S. Yellin, Attorney at Law, Havre, MT, for Appellant.

Hon. Mike McGrath, Montana Attorney General, John Paulson, Assistant Attorney General, Helena, MT, Merle Raph, Toole County Attorney, Shelby, MT, for Appellee.


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

¶ 1 Appellant John William Anderson appeals his felony conviction in the Ninth Judicial District, Toole County, for driving under the influence of alcohol, in violation of § 61-8-401, MCA. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On April 28, 2005, around 2:00 a.m., Toole County Sheriff Deputy Mark Pattison was on routine patrol in Shelby, Montana, when he saw a...

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