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STATE v. O'BRIAN

No. 88-414.

770 P.2d 507 (1989)

STATE of Montana, Plaintiff and Respondent. v. Jeffrey Kevin O'BRIAN, Defendant and Appellant.

Supreme Court of Montana.

Decided February 23, 1989.

Rehearing Denied April 3, 1989.

Attorney(s) appearing for the Case

John L. Pratt, Ask & Pratt, Roundup, for defendant and appellant.

Marc Racicot, Atty. Gen., Paul D. Johnson, Asst. Atty. Gen., Helena, Floyd Brower, Musselshell County Atty., and Gerry M. Higgins, Deputy County Atty., Roundup, for plaintiff and respondent.

GULBRANDSON, Justice.

Defendant Jeffrey O'Brian (O'Brian) appeals from the judgment and sentence entered by the Fourteenth Judicial District Court, Musselshell County. Based upon the results of an Intoxilizer test administered to O'Brian, the District Court found him guilty beyond a reasonable doubt of a per se violation of driving a vehicle with a blood alcohol concentration greater than 0.10. We affirm.

The sole issue raised upon appeal is whether the District...

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