STATE v. SPAULDING

No. DA 10-0582.

259 P.3d 793 (2011)

2011 MT 204

STATE of Montana, Plaintiff and Appellee, v. Rosina SPAULDING, Defendant and Appellant.

Supreme Court of Montana.

Decided August 23, 2011.


Attorney(s) appearing for the Case

Joslyn Hunt , Chief Appellate Defender, Eileen A. Larkin , Assistant Appellate Defender, Helena, Montana, for Appellant.

Steve Bullock , Montana Attorney General, Jonathan M. Krauss , Assistant Attorney General, Helena, Montana, Alex Nixon , Carbon County Attorney, Red Lodge, Montana, for Appellee.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Rosina Spaulding pleaded guilty in the Twenty-Second Judicial District Court, Carbon County, to misdemeanor DUI per se— i.e., driving or being in actual physical control of a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood, breath, or urine, is 0.08 or more. Section 61-8-406(1)(a), MCA...

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