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STATE v. JENNI

No. 96-416.

938 P.2d 1318 (1997)

STATE of Montana, Plaintiff and Appellant, v. Thomas Charles JENNI, Defendant and Respondent.

Supreme Court of Montana.

Decided May 29, 1997.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General; Cregg W. Coughlin (argued), Assistant Attorney General; Thomas P. Meissner, Fergus County Attorney; Lewistown, for Appellant.

Torger Oaas (argued); Lewistown, for respondent.

TRIEWEILER, Justice.

The defendant, Thomas Charles Jenni, was charged by information, filed in the District Court for the Tenth Judicial District in Fergus County, with the offense of driving while under the influence of alcohol, in violation of § 61-8-401(1)(a), MCA. Based on his three prior convictions for DUI, the information charged him with a felony, pursuant to §§ 61-8-714(4) and -722(4), MCA. He filed a motion to dismiss the felony DUI charge...

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