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STATE v. STUBBLEFIELD

No. 96-659.

940 P.2d 444 (1997)

STATE of Montana, Plaintiff and Respondent, v. Kenneth STUBBLEFIELD, Defendant and Appellant.

Supreme Court of Montana.

Decided June 24, 1997.

Attorney(s) appearing for the Case

Edmund F. Sheehy, Jr., Cannon & Sheehy, Helena, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Cregg W. Coughlin, Assistant Attorney General; Helena, Mike McGrath, Lewis and Clark County Attorney; Mike Menahan, Deputy County Attorney; Helena, for Plaintiff and Respondent.

TRIEWEILER, Justice.

The defendant, Kenneth Stubblefield, was charged by information, filed in the District Court for the First Judicial District in Lewis and Clark County, with the offense of driving under the influence of alcohol, in violation of § 61-8-401(1)(a), MCA. Based on his four prior convictions for DUI, the information charged him with a felony, pursuant to § 61-8-714(4), MCA. He moved the District Court to dismiss the felony DUI charge against...

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