STATE v. WEAVER

No. DA 06-0366.

179 P.3d 534 (2008)

2008 MT 86

342 Mont. 196

STATE of Montana, Plaintiff and Appellee, v. Wesley Allan WEAVER, Defendant and Appellant.

Supreme Court of Montana.

Decided March 12, 2008.


Attorney(s) appearing for the Case

For Appellant: Brian C. Smith, Office of the State Public Defender, Missoula, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, John Paulson, Assistant Attorney General, Helena, Montana, Fred R. Van Valkenburg, Missoula County Attorney, Jennifer Clark, Deputy County Attorney, Missoula, Montana.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Wesley Allan Weaver appeals from the order of the District Court for the Fourth Judicial District, Missoula County, denying his motion to dismiss. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 The State charged Weaver by information on April 21, 2005, with Count I, operating a motor vehicle while under the influence of alcohol...

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