State v. Bertolino

¶1 Nicole Bertolino appeals her conviction and sentence for driving while under the influence entered in the Fifth Judicial District Court, Beaverhead County, on June 3, 2002. We reverse.

¶2 We restate the issues on appeal as follows:

¶3 1. Did the District Court err when it denied Bertolino’s motion to dismiss for lack of a speedy trial in the Justice Court?

¶4 2. Did the District Court err when it did not grant Bertolino’s motion to dismiss due to the Justice of the Peace’s failure to recuse herself?

¶5 Because we reverse the District Court’s denial of Bertolino’s motion to dismiss, we do not…