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STATE v. PETERSON

No. 00-594.

44 P.3d 499 (2002)

2002 MT 65

STATE of Montana, Plaintiff and Respondent, v. Todd Allen PETERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided April 2, 2002.

Attorney(s) appearing for the Case

Brian Kohn, Billings, Montana, For Appellant.

Joseph P. Mazurek, Montana Attorney General, Pamela P. Collins, Assistant Montana Attorney General, Helena, Montana; Thomas P. Meissner, Fergus County Attorney, Lewistown, Montana, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

I. INTRODUCTION

¶ 1 Todd Peterson (Peterson) was charged by information with fourth offense driving under the influence, a felony, in violation of § 61-8-401 and § 61-8-731, MCA, in the Tenth Judicial District Court, Fergus County. Peterson collaterally challenged the felony status of the charge through a motion to dismiss, asserting that two of his previous misdemeanor convictions...

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