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HORTON v. STATE

No. 85-495.

717 P.2d 1108 (1986)

In the Matter of the Appeal of Gerald Lee HORTON From a Revocation of His Driver's License, Appellant, v. STATE of Montana, Respondent.

Supreme Court of Montana.

Decided April 30, 1986.

Attorney(s) appearing for the Case

Morin & Collins, Robert P. Morin argued, Billings, for appellant.

Mike Greely, Atty. Gen., Helena, Barbara Claassen argued, Asst. Atty. Gen., Helena, Harold F. Hanser, Co. Atty., Billings, David W. Hoefer, Deputy Co. Atty., Billings, for respondent.

WEBER, Justice.

The Department of Justice, Motor Vehicle Division (division) revoked for one year the driver's license of Gerald Lee Horton (petitioner). On appeal, the Yellowstone County District Court affirmed the one year revocation. Petitioner now appeals to this Court contending the suspension should have been for six months. We affirm.

The issues are:

1. Does § 61-5-208(2), MCA, require a one year license revocation when an individual incurs...

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