State v. Johnson, 2015 MT 221 (Aug. 4, 2015) (Shea, J.; Rice, J., concurring) (5-0, aff’d)
Issue: Whether Johnson was entitled to have the district court consider her affidavit but refuse to testify as to its contents.
Short Answer: No.
Facts: In November 2012, the state charged Johnson with DUI and criminal endangerment. In its motion for leave to file an information, the state asserted Johnson had three prior convictions – DUI in 2003 in Park County, DUI per se in April 2009 in Carbon County, and DUI in February 2010 in Carbon County. As a result, the state charged her with a fourth-offense felony and a felony charge of criminal endangerment, and later added a charge of DUI per se.…