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STATE v. COONEY

No. 96-532.

945 P.2d 891 (1997)

STATE of Montana, Plaintiff and Respondent, v. James Albert COONEY, Defendant and Appellant.

Supreme Court of Montana.

Decided September 22, 1997.

Attorney(s) appearing for the Case

Terry G. Sehestedt, Missoula, for Defendant and Appellant.

Robert L. "Dusty" Deschamps III, Missoula County Attorney, Fred Van Valkenburg, Deputy Missoula County Attorney, Missoula; Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General, Helena, for Plaintiff and Respondent.

NELSON, Justice.

This is an appeal from the Fourth Judicial District Court, Missoula County. On June 26, 1996, the District Court entered an opinion and order denying Defendant Cooney's motion to dismiss both Count I, a charge of felony DUI, fourth offense, and Count II, a charge of driving while license suspended or revoked, a misdemeanor. From this opinion and order, Defendant Cooney appeals. We affirm in part, reverse in part and remand.

We restate the...

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