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STATE v. THIBERT

No. 97-195.

965 P.2d 251 (1998)

1998 MT 207

STATE of Montana, Plaintiff and Appellant, v. Roger M. THIBERT, Defendant and Respondent.

Supreme Court of Montana.

Decided August 25, 1998.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, John Paulson, Ass't Attorney General, Helena, Robert L. "Dusty" Deschamps III, Missoula County Attorney, Betty Wing, Deputy Missoula County Attorney, Missoula, for Plaintiff and Appellant.

Paul T. Ryan, Missoula, for Defendant and Respondent.

GRAY, Justice.

¶ 1 The State of Montana (State) appeals from the order of the Fourth Judicial District Court, Missoula County, reducing the charge against Roger M. Thibert (Thibert) from driving under the influence of alcohol (DUI), sixth offense, a felony, to DUI, first offense, a misdemeanor. We reverse and remand for further proceedings.

¶ 2 The issue on appeal is whether the District Court erred in concluding that all of Thibert's prior DUI convictions...

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