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STATE v. ROBISON

No. 96-244.

931 P.2d 706 (1997)

STATE of Montana, Plaintiff and Respondent, v. Lyle D. ROBISON, Defendant and Appellant.

Supreme Court of Montana.

Decided January 9, 1997.

Attorney(s) appearing for the Case

Carrie L. Garber, Deputy Public Defender, Billings, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Pamela P. Collins, Assistant Attorney General; Dennis Paxinos, Yellowstone County Attorney, Billings, for Plaintiff and Respondent.

NELSON, Justice.

Lyle D. Robison (Robison) appeals from a February 26, 1996, Yellowstone County jury verdict finding him guilty of driving under the influence of alcohol (DUI), a felony, in violation of § 61-8-401, MCA. We reverse and remand for a new trial.

The dispositive issue we address on appeal is whether the trial court properly instructed the jury as to the element of "actual physical control". We hold that it did not.

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