STATE v. BURNS

No. DA 10-0424.

256 P.3d 944 (2011)

2011 MT 167

361 Mont. 191

STATE of Montana, Plaintiff and Appellee, v. Brandon James BURNS, Defendant and Appellant.

Supreme Court of Montana.

Decided July 14, 2011.


Attorney(s) appearing for the Case

For Appellant: Fred Snodgrass , Attorney at Law, Billings, Montana.

For Appellee: Steve Bullock , Montana Attorney General, John Paulson , Assistant Attorney General, Helena, Montana. Scott Twito , Yellowstone County Attorney, Julie Mees , Deputy County Attorney, Billings, Montana.


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

¶ 1 Brandon James Burns (Burns) was charged by information on December 18, 2008, with felony Driving Under the Influence of Alcohol or Drugs (DUI) or, in the alternative, felony Operation of a Motor Vehicle by a Person with Alcohol Concentration of 0.08% or more (DUI per se). Ultimately, on March 22, 2010, Burns entered a plea agreement with the State and pled guilty to DUI per se, reserving his right...

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