STATE v. CALVERT

No. DA 13-0280.

316 P.3d 173 (2013)

2013 MT 374

373 Mont. 152

STATE of Montana, Plaintiff and Appellee, v. William CALVERT, Defendant and Appellant.

Supreme Court of Montana.

Decided December 17, 2013.


Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender; Gregory Hood , Assistant Appellate Defender; Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Jonathan M. Krauss , Assistant Attorney General; Helena, Montana Marty Lambert , Gallatin County Attorney; Deborah Pratt , Deputy County Attorney; Bozeman, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The State charged William R. Calvert (Calvert) with a fourth offense of driving under the influence of alcohol, a felony. The District Court for the Eighteenth Judicial District, Gallatin County, denied Calvert's motion to dismiss the felony charge, and Calvert subsequently pled guilty, reserving the right to appeal the District Court's ruling. We restate Calvert's sole issue on appeal as follows:

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