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STATE v. FENTON

No. 97-292.

958 P.2d 68 (1998)

1998 MT 99

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

Supreme Court of Montana.

Decided April 30, 1998.

Attorney(s) appearing for the Case

Edmund F. Sheehy, Jr., Cannon & Sheehy, Helena, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Carol E. Schmidt, Assistant Attorney General; Helena, John T. Flynn, Broadwater County Attorney; Townsend, for Plaintiff and Respondent.

TRIEWEILER, Justice.

¶ 1 The defendant, Thomas M. Fenton, was charged in Broadwater County on December 30, 1996, with driving under the influence of alcohol or, alternatively, with driving with a blood alcohol concentration in excess of .10, and with obstructing a peace officer in violation of §§ 61-8-401, -406, and 45-7-302, MCA, respectively. Prior to trial in the First Judicial District Court in Lewis and...

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