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STATE v. PERRY

No. 96-617.

938 P.2d 1325 (1997)

STATE of Montana, Plaintiff and Respondent, v. Elmer Dale PERRY, Defendant and Appellant.

Supreme Court of Montana.

Decided May 29, 1997.

Attorney(s) appearing for the Case

Daniel P. Buckley; Berg, Lilly, Andriolo & Tollefsen; Bozeman, for Appellant.

Joseph P. Mazurek, Attorney General; Cregg W. Coughlin, Assistant Attorney General; Helena, Marty Lambert, Gallatin County Attorney; Susan Swimley, Deputy County Attorney; Bozeman, for respondent.

TRIEWEILER, Justice.

The defendant, Elmer Dale Perry, was charged by information, filed in the District Court for the Eighteenth Judicial District in Gallatin County, with the offense of driving under the influence of alcohol, in violation of § 61-8-401(1)(a), MCA. Based on his seven 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 in which he objected to the District...

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