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STATE v. JOHNSON

No. 85-268.

719 P.2d 1248 (1986)

STATE of Montana, Plaintiff and Respondent, v. Richard Duane JOHNSON, Defendant and Appellant.

Supreme Court of Montana.

Decided June 6, 1986.

Attorney(s) appearing for the Case

Stewart A. Pearce, II, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Joe R. Roberts, Asst. Atty. Gen., Helena, Robert Deschamps, III, Co. Atty., Missoula, Betty Wing, Deputy Co. Atty., for plaintiff and respondent.

MORRISON, Justice.

Richard Duane Johnson (defendant) appeals the jury verdict and April 30, 1985, judgment of the Fourth Judicial District Court, County of Missoula, finding defendant guilty of driving or being in actual physical control of a motor vehicle upon the public ways of Montana while under the influence of alcohol. Johnson also appeals the sentence imposed. We affirm.

Defendant was found by a Missoula County Deputy Sheriff, Officer Peterson, at approximately...

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