Legal Opinion

State v. Blue

Montana Supreme Court

Decided September 15, 2009No. DA 09-0034PublishedCited by 1 opinion

1Opinion of the CourtChief Justice McGRATH

¶1 Charles Duane Blue appeals from a sentence imposed after his guilty plea to a fourth offense of driving under the influence of alcohol, § 61-8-401 and -731, MCA. In particular, Blue appeals from the District Court’s Opinion and Order of August 21, 2008, denying his motion to dismiss. We affirm.

¶2 Blue presents issues for review that we restate as follows:

¶3 Issue One: Whether Blue was properly charged and sentenced for a fourth DUI offense.

¶4 Issue Two: Whether §61-8-734(l)(b), MCA, violates the right to equal protection guaranteed by the Montana Constitution.

¶5 Issue Three: Whether…

2Cases cited11 opinions

  1. Hulse v. State, Department of JusticeMontana Supreme Court · 1998
  2. State v. WebbMontana Supreme Court · 2005
  3. State v. GoebelMontana Supreme Court · 2001
  4. Reesor v. Montana State FundMontana Supreme Court · 2004
  5. State v. StrongMontana Supreme Court · 2009

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3Cited by1 opinion

  1. State v. BarrettMontana Supreme Court · 2015

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