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STATE v. HOLMAN

No. 89-483.

786 P.2d 667 (1990)

STATE OF Montana, Plaintiff and Respondent, v. Kim Charles HOLMAN, Defendant and Appellant.

Supreme Court of Montana.

Decided February 6, 1990.

Attorney(s) appearing for the Case

William F. Hooks, Hooks & Budewitz, Townsend, for defendant and appellant.

Marc Racicot, Atty. Gen., Patti Powell and James Yellowtail, Asst. Attys. Gen., Helena, John T. Flynn, Broadwater County Atty., Townsend, for plaintiff and respondent.

HARRISON, Justice.

Mr. Holman appeals his conviction on a DUI charge following a bench trial in the First Judicial District Court, Broadwater County, Montana. We affirm.

Appellant presents four issues for review:

1. Did the trial court err in considering a presumption that appellant was under the influence of alcohol while driving, based on blood alcohol concentration test results which were not related back to the time of operation?

2. Did...

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