State v. Cooney

This is an appeal from the Fourth Judicial District Court, Missoula County. On June 26,1996, the District Court entered an opinion and order denying Defendant Cooney’s motion to dismiss both Count I, a charge of felony DUI, fourth offense, and Count II, a charge of driving while license suspended or revoked, a misdemeanor. From this opinion and order, Defendant Cooney appeals. We affirm in part, reverse in part and remand.

We restate the following issues raised on appeal:

1. Did the District Court err in denying Defendant Cooney’s motion to dismiss Count I, a charge of felony DUI, fourth…