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STATE v. WEIS

No. 97-211.

945 P.2d 900 (1997)

STATE of Montana, Plaintiff and Respondent, v. Charles A. WEIS, Defendant and Appellant.

Supreme Court of Montana.

Decided October 7, 1997.

Attorney(s) appearing for the Case

John A. Lence, Kalispell, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Carol E. Schmidt, Assistant Attorney General, Helena, Thomas J. Esch, Flathead County Attorney, Ed Corrigan, Deputy Flathead County Attorney, Kalispell, for Plaintiff and Respondent.

NELSON, Justice.

This is an appeal by Charles A. Weis from his conviction, following a bench trial, de novo in the Eleventh Judicial District Court, Flathead County, of driving while under the influence of alcohol in violation of § 61-8-401(1), MCA (1993). Given Weis's concession that he was under the influence of alcohol while driving or in actual physical control of his vehicle, the only issue before the District Court, and now before this Court on appeal,...

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