(DOWNLOAD) "State v. Diesen" by Montana Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Diesen
- Author : Montana Supreme Court
- Release Date : January 25, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
OPINION AND ORDER Defendant Gary Helge Diesen (Diesen), has filed herein his appeal from the July 24, 1997 judgment of the Seventeenth Judicial District Court, Valley County, entered on his plea of guilty to the offense of boating under the influence of alcohol, a misdemeanor, in violation of Section 23-2-523(2), MCA (1995). Diesen pleaded guilty to this offense reserving his right to appeal the District Court's denial of his pretrial motion to dismiss, based upon improper venue. While adjudging Diesen guilty of the offense charged, the court nevertheless provided in its judgment ""[t]hat the sentencing of the Defendant is deferred pending the appeal to review the adverse determination of the pretrial motion [to dismiss for improper venue]."" The District Court's judgment further provided ""[t]hat in the event the Defendant does not appeal this Judgment within the time provided by law, the Court, upon motion of the State, will set a time and date for a sentencing hearing.""