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STATE v. HAGEN

No. 96-234.

939 P.2d 994 (1997)

STATE of Montana, Plaintiff and Respondent, v. Ricky Eugene HAGEN, Defendant and Appellant.

Supreme Court of Montana.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Eric Rasmusson, Boulder, for defendant and appellant.

Joseph P. Mazurek, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Valerie D. Wilson, County Attorney, Boulder, for plaintiff and respondent.

TURNAGE, Chief Justice.

Ricky Hagen appeals from the judgment and sentence of the Fifth Judicial District Court, Jefferson County, where a jury found him guilty of driving under the influence of alcohol in violation of § 61-8-401, MCA. We affirm.

Hagen raises three issues on appeal:

1. Was Hagen's breath alcohol concentration obtained by an improperly calibrated intoxilyzer?

2. Were Hagen's due process rights violated through the introduction...

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