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STATE v. RASMUSSEN

DA 16-0403.

404 P.3d 719 (2017)

2017 MT 259

STATE of Montana, Plaintiff and Appellee, v. David Derell RASMUSSEN, Defendant and Appellant.

Supreme Court of Montana.

Decided: October 31, 2017.

Attorney(s) appearing for the Case

For Appellant: Chad Wright , Chief Appellate Defender, Koan Mercer , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Jonathan M. Krauss , Assistant Attorney General, Helena, Montana, Kirsten H. Pabst , Missoula County Attorney, Karla Painter , Deputy County Attorney, Missoula, Montana.

¶ 1 David Rasmussen was arrested in Missoula for driving under the influence of alcohol (DUI). The State charged him with felony DUI because Rasmussen had four prior DUI convictions. Rasmussen moved to dismiss, arguing that two of his prior convictions were obtained in violation of his...

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