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STATE v. McNALLY

No. 01-499.

50 P.3d 1080 (2002)

2002 MT 160

STATE of Montana, Plaintiff/Respondent, v. James Andrew McNALLY, Defendant/Appellant.

Supreme Court of Montana.

Decided July 16, 2002.

Attorney(s) appearing for the Case

William E. Fulbright, Mansch & McLaverty, Hamilton, Montana, For Appellant.

Mike McGrath, Attorney General, C. Mark Fowler, Assistant Attorney General, Helena, Montana; George H. Corn, Ravalli County Attorney, Hamilton, Montana, For Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 James Andrew McNally (McNally) was charged in the Twenty-First Judicial District Court with Driving Under the Influence (DUI), fourth or subsequent offense, a felony, to which he plead no contest. Prior to sentencing, McNally sought to reduce the charge from a felony to a misdemeanor, by arguing that his prior convictions in Colorado for driving while...

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