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STATE v. OLSON

No. 96-449.

938 P.2d 1321 (1997)

STATE of Montana, Plaintiff and Appellant, v. Michael Duane OLSON, 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; Ed Amestoy; County Attorney; Dan O'Brien, Deputy County Attorney, for appellant.

Torger Oaas (argued); Lewistown, for respondent.

TRIEWEILER, Justice.

The defendant, Michael Duane Olson, was charged by information, filed in the District Court for the Seventeenth Judicial District in Phillips County, with the offense of driving or being in actual physical control of a motor vehicle 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...

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