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STATE v. UPDEGRAFF

No. DA 10-0613.

267 P.3d 28 (2011)

2011 MT 321

STATE of Montana, Plaintiff and Appellee, v. Floyd Thomas UPDEGRAFF, Defendant and Appellant.

Supreme Court of Montana.

Decided December 20, 2011.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt , Chief Appellate Defender, Garrett R. Norcott , Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General, Mark W. Mattioli , Appellate Services Bureau Chief, Rachel Batten , Legal Intern, Helena, Montana, Chris Christensen , Madison County Attorney, Christopher McConnell , Deputy County Attorney, Virginia City, Montana.

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

¶ 1 Late one night in July 2009, Jefferson County Reserve Deputy Francine Janik came upon a car parked in a posted "day use only" fishing access site in neighboring Madison County. The car's driver, Floyd Thomas Updegraff, appeared motionless and unresponsive. Janik approached the vehicle and made contact with Updegraff. Upon doing so, she ascertained that Updegraff was intoxicated. Janik detained Updegraff...

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