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STATE v. DUBRAY

No. 82-123.

654 P.2d 970 (1982)

STATE of Montana, Plaintiff and Respondent, v. Anthony DUBRAY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 2, 1982.

Attorney(s) appearing for the Case

Richard J. Pinsoneault, St. Ignatius, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Richard P. Heinz, County Atty., Polson, for plaintiff and respondent.

SHEA, Justice.

Defendant appeals a Lake County District Court order dismissing his appeal from Justice Court. On October 9, 1981, a Justice Court in Ronan, sitting without a jury, convicted defendant of driving while under the influence of intoxicating liquor, and imposed a $300 fine ($150 suspended).

Immediately after trial, defendant's counsel notified the Justice Court judge, and clerk, that there would be an appeal. Within six days after trial, defendant...

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