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STATE v. ELLENBURG

Nos. 96-466, 96-467.

938 P.2d 1376 (1997)

STATE of Montana, Plaintiff and Respondent, v. Michael Adair ELLENBURG, Defendant and Appellant.

Supreme Court of Montana.

Decided June 11, 1997.

Attorney(s) appearing for the Case

Terry G. Sehestedt, Missoula, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Robert L. Deschamps III, County Attorney; Fred Van Valkenburg, Deputy County Attorney, Missoula, for Plaintiff and Respondent.

TURNAGE, Chief Justice.

In proceedings before the Fourth Judicial District Court, Missoula County, Michael Adair Ellenburg was convicted of two separate offenses of operating a motor vehicle while under the influence of alcohol or drugs (DUI), fourth or subsequent offense. Ellenburg appeals from those convictions, raising issues reserved pursuant to § 46-12-204(3), MCA. We affirm.

The issues are:

1. What is the effect of legislative silence concerning...

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