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STATE v. DARRAH

No. DA 08-0212.

205 P.3d 792 (2009)

2009 MT 96

350 Mont. 70

STATE of Montana, Plaintiff and Appellee, v. Brandon M. DARRAH, Defendant and Appellant.

Supreme Court of Montana.

Decided March 31, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Koan Mercer, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney; Leslie Halligan, Deputy County Attorney, Missoula, Montana.

Chief Justice MIKE MCGRATH delivered the Opinion of the Court.

¶ 1 This is an appeal by Brandon Darrah from the orders of the District Court of the Fourth Judicial District, Missoula County, which, on appeal from the Missoula County Justice Court, denied Darrah's motion to amend a charge against him from DUI third offense to DUI second offense.

¶ 2 We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

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