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State v. Johnson9/21/2000
ntive equivalent of that which was presented by Olson.
Pursuant to Okland, we need not address the evidence supplied by the State when the defendant has not successfully shifted the burden of proof by providing direct evidence of irregularity in the prior proceedings. Johnson's inability to recall being advised of his right to counsel is not direct evidence of any irregularity. See State v. Ailport, 1998 MT 315, 10, 292 Mont. 172, 10, 970 P.2d 1044 10. Accordingly, we hold that the District Court did not err when it denied Johnson's motion to dismiss the felony DUI charge filed against him.
The judgment of the District Court is affirmed.
TERRY N. TRIEWEILER
We Concur:
J. A. TURNAGE
WILLIAM E. HUNT, SR.
KARLA M. GRAY
JIM REGNIER
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