State v. Wing

¶1 Appellant Robert Arthur Wing appeals from his conviction in the Seventeenth Judicial District Court, Valley County, of felony driving while under the influence of alcohol (fourth or subsequent offense) in violation of § 61-8-401, MCA. Wing argued at trial that he had not been driving on the day of his arrest, and that another man, Michael Halverson, had been the driver before the vehicle was disabled. We consider the following issue dispositive of this appeal:

¶2 Did the District Court abuse its discretion by preventing a defense witness from testifying, pursuant to M. R. Evid. 804(b)(3),…