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CITY OF HELENA v. WHITTINGHILL

No. DA 09-0061.

219 P.3d 1244 (2009)

2009 MT 343

353 Mont. 131

CITY OF HELENA, Plaintiff and Appellee, v. Joseph R. WHITTINGHILL, Defendant and Appellant.

Supreme Court of Montana.

Decided October 20, 2009.

Attorney(s) appearing for the Case

For Appellant: Wendy Holton; Attorney at Law, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Matthew T. Cochenour, Assistant Attorney General, David "Ole" Olson, City Prosecutor, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Joseph Whittinghill appeals from the orders of the District Court of the First Judicial District denying his motion to dismiss, denying his motion for an evidentiary hearing, and denying his motion to prepare a statement of unavailable evidence for purposes of appeal. We affirm.

¶ 2 Whittinghill was charged with DUI and speeding in Helena City Court after an accident in February,...

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