OPINION
BRETT, Judge:
The appellant, Carl James Allen, hereinafter referred to as defendant, was charged, tried and convicted in Case No. CRF-73-42 of the District Court, Blaine County, of the offense of Operating a Motor Vehicle Upon a Public Highway While Under the Influence of Intoxicating Liquor, Second and Subsequent Offense. He was sentenced to serve a term of three (3) years in the State penitentiary in accordance with the verdict of the jury. A timely...
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