State v. Frazier

¶ 1 Craig William Frazier (Frazier) appeals the decision of the Eighth Judicial District Court, Cascade County, dismissing his appeal from Justice Court. We affirm.

ISSUE

¶2 The issue presented on appeal is whether the District Court erred in dismissing Frazier’s appeal of his speeding conviction from Justice Court.

STANDARD OF REVIEW

¶3 The grant or denial of a motion to dismiss in a criminal case is a question of law which we review de novo. State v. White Bear, 2005 MT 7, ¶ 5, 325 Mont. 337, ¶ 5, 106 P.3d 516, ¶ 5.

DISCUSSION

¶4 On February 9, 2004, Frazier was charged with speeding. A jury…