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STATE v. BROWN

No. 98-085.

982 P.2d 1030 (1999)

1999 MT 143

STATE of Montana, Plaintiff and Respondent, v. David Lee BROWN, Defendant and Appellant.

Supreme Court of Montana.

Decided June 15, 1999.

Attorney(s) appearing for the Case

Alan Johnson, Malta, Montana, For Appellant.

Joseph P. Mazurek, Attorney General, Pamela P. Collins, Assistant Attorney General, Helena, Montana; Ed Amestoy, Phillips County Attorney, Dan O'Brien, Deputy Phillips County Attorney, Malta, Montana, For Respondent.

Justice WILLIAM E. HUNT, SR. delivered the Opinion of the Court.

¶ 1 David Lee Brown (Appellant) appeals from the findings of fact, conclusions of law, and order entered by the Seventeenth Judicial District Court, Phillips County, denying his motion to dismiss the charges of driving under the influence of alcohol (DUI) (5th offense), a felony, in violation of § 61-8-401(1)(a), MCA, or, alternatively, operating a vehicle with an alcohol concentration of ...

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