State v. Diesen

¶ 1 Gary Helge Diesen (Diesen) was convicted by jury of Boating Under the Influence of Alcohol, a misdemeanor, in violation of § 23-2-523(2), MCA, in the Valley County Justice Court. Diesen then appealed his conviction to the Seventeenth Judicial District Court, Valley County, and filed a Motion for Dismissal, alleging that venue was improper because the State of Montana (the State) failed to prove that any element of the offense had occurred in Valley County. The State filed a response in opposition to Diesen’s motion, arguing that venue was proper in Valley County pursuant to § 46-3-114,…