State v. Sommers

¶1 Kevin Allen Sommers appeals his conviction from the Ninth Judicial District Court, Glacier County, finding him guilty of driving under the influence, fourth or subsequent offense. A jury found Sommers guilty of driving or in actual physical control of a motor vehicle while under the influence of alcohol.

¶2 The issues on appeal are:

2. Did the District Court properly instruct the jury on the meaning of “actual physical control”?

2. Did the District Court wrongly deny Sommers’ motion for acquittal?

3. Did the District Court properly determine Sommers’ ability to pay costs?

¶3 We reverse and…