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STATE EX REL. GRIFFITH v. BRUSTKERN

No. 82-367.

658 P.2d 410 (1983)

STATE ex rel., R.J. GRIFFITH, Acting Chief of the Montana Highway Patrol, Plaintiff and Appellant, v. Joseph J. BRUSTKERN, Defendant and Respondent.

Supreme Court of Montana.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Sarah Power, Asst. Atty. Gen., argued, Helena, for plaintiff and appellant.

Morrow, Sedivy, Olson & Eck, Bozeman, Edmund P. Sedivy, Jr., argued, Bozeman, for defendant and respondent.

WEBER, Justice.

The Montana Highway Patrol petitioned Gallatin County District Court to have Joseph Brustkern, defendant and respondent, formally declared a habitual traffic offender. The District Court refused because Brustkern only had 11 habitual offender points and a formal declaration of habitual offender requires 30 points.

We vacate the District Court judgment.

The following issues are presented for...

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