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STATE v. LAWLOR

No. 01-878.

56 P.3d 863 (2002)

311 Mont. 493

2002 MT 235

STATE of Montana, Plaintiff and Respondent, v. John W. LAWLOR, Defendant and Appellant.

Supreme Court of Montana.

Decided October 22, 2002.

Attorney(s) appearing for the Case

Jeremy S. Yellin, Fort Benton, Montana, For Appellant.

Honorable Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General, Helena, Montana, David Rice, County Attorney; Cyndee Faus, Deputy County Attorney, Havre, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The defendant, John W. Lawlor (Lawlor), was charged with "Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs, a Fourth or Subsequent Lifetime Offense," in violation of §§ 61-8-401(1)(a), and -731, MCA. The District Court granted defendant's motion in limine which precluded any reference to Lawlor's three previous DUI convictions during the trial. Nevertheless, the...

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