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STATE v. LEPROWSE

No. DA 09-0067.

221 P.3d 648 (2009)

2009 MT 387

353 Mont. 312

STATE of Montana, Plaintiff and Appellee, v. Lisa Marie LEPROWSE, Defendant and Appellant.

Supreme Court of Montana.

Decided November 12, 2009.

Attorney(s) appearing for the Case

For Appellant: Joslyn M. Hunt, Chief Appellate Defender, Tammy A. Hinderman, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General, Mardell Ployhar, Assistant Attorney General, Helena, Montana, Fred R. Van Valkenburg, Missoula County Attorney, Jennifer Clark, Deputy County Attorney, Missoula, Montana.

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

¶ 1 Lisa Marie Leprowse (Leprowse) appeals from her conviction for misdemeanor driving under the influence of alcohol (DUI), first offense, in the Fourth Judicial District Court. We reverse Leprowse's conviction and remand this matter to the District Court for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On May 12, 2008, Leprowse was charged in District Court with assault...

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