State v. Province

The State appeals from an order from the Eighteenth Judicial District, Gallatin County, Montana, dismissing a DUI charge for failure of the State to give notice of appeal from justice court to the defendant. We affirm.

The issue raised on appeal is whether the State is required to serve notice of its appeal from the justice court on defendant.

The defendant, Richard Lyle Province, was arrested for driving under the influence of alcohol on March 7, 1986. The defendant plead not guilty and trial was set for July 15, 1986.

Defendant made several requests to the State to provide the written report…