STATE v. MARCIAL

No. DA 12-0436.

308 P.3d 69 (2013)

2013 MT 242

STATE of Montana, Plaintiff and Appellee, v. Marco Antonio MARCIAL, Defendant and Appellant.

Supreme Court of Montana.

Decided August 27, 2013.


Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender; Koan Mercer , Assistant Appellate Defender; Jesse Kodadek , Law Student; Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Tammy A. Hinderman , Assistant Attorney General; Helena, Montana, Greg Sullivan , Bozeman City Attorney; Susan Wordal , Assistant City Attorney; Bozeman, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Marco Marcial (Marcial) pled guilty to driving under the influence (DUI) following the Bozeman Municipal Court's denial of his motion to suppress. Marcial appealed to the Eighteenth Judicial District Court, Gallatin County, which affirmed the Municipal Court's denial of Marcial's motion. We affirm the District Court's decision to deny Marcial's motion to suppress, but rely on alternate grounds.

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