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STATE v. OKLAND

No. 96-362.

941 P.2d 431 (1997)

STATE of Montana, Plaintiff and Appellant, v. David Matthew OKLAND, Defendant and Respondent.

Supreme Court of Montana.

Decided May 29, 1997.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Cregg W. Coughlin (argued), Assistant Attorney General, Helena, Kim Christopher, Lake County Attorney, Mitchell A. Young, Deputy County Attorney, Polson, for Appellant.

Matthew H. O'Neill (argued), French, Mercer, Grainey & O'Neill, Polson, for Respondent.

TRIEWEILER, Justice.

The defendant, David Matthew Okland, was charged by information, filed in the District Court for the Twentieth Judicial District in Lake County, with the offense of driving or being in actual physical control of a motor vehicle while under the influence of alcohol, in violation of § 61-8-401(1)(a), MCA. Based on his three prior convictions for DUI, the information charged him with a felony, pursuant to §§ 61-8-714(4) and -722(4...

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