State v. Tiffany Johnson

¶1 Tiffany Lynn Johnson appeals the order of the Thirteenth Judicial District Court, Yellowstone County, denying her motion to dismiss her fourth-offense charge of driving under the influence (DUI), a felony, or, *199alternatively, to amend the charge to a misdemeanor. We affirm.

¶2 We restate the issue on appeal as follows:

Whether Johnson was entitled to have the District Court consider her affidavit yet still refuse to testify regarding the contents of the affidavit.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 On November 2,2012, the State filed an affidavit and motion for leave to file information,…