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STATE v. SEIFFERT

No. DA 09-0679.

237 P.3d 669 (2010)

2010 MT 169

STATE of Montana, Plaintiff and Appellee, v. Johnny D. SEIFFERT, Defendant and Appellant.

Supreme Court of Montana.

Decided August 4, 2010.

Attorney(s) appearing for the Case

For Appellant: Robert L. Stephens, Jr., Southside Law Center; Billings, Montana.

For Appellee: Steve Bullock, Montana Attorney General; Micheal S. Wellenstein, Assistant Attorney General; Helena, Montana, Alex Nixon, Carbon County Attorney; Patrick N. Dringman, Special Deputy County Attorney; Big Timber, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellant Johnny D. Seiffert (Seiffert) appeals from the sentence imposed by the Twenty-Second Judicial District Court, Carbon County, for his conviction of driving under the influence of alcohol (DUI), in violation of § 61-8-401, MCA.

¶ 2 We consider the following issue on appeal:

¶ 3 Whether the District Court erred by denying Seiffert's motion to dismiss...

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