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STATE v. LOZON

No. DA 11-0645.

291 P.3d 1135 (2012)

2012 MT 303

STATE of Montana, Plaintiff and Appellee, v. Stuart Laurence LOZON, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided December 21, 2012.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender; Lisa S. Korchinski , Assistant Appellate Defender; Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Kathryn F. Schulz , Assistant Attorney General; Helena, Montana, Karen Mahar , Hamilton City Attorney; Jennifer Lint , Assistant City Attorney; Hamilton, Montana.

Justice Jim RICE delivered the Opinion of the Court.

¶ 1 A jury convicted Stuart Laurence Lozon, Jr. (Lozon) of driving under the influence in the Twenty-First Judicial District Court. Lozon argues his conviction should be reversed because the District Court admitted the video of the Preliminary Alcohol Screening Test administration without sound over Lozon's objection. We reverse.

¶ 2 We consider the following...

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