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STATE v. NELSON

No. 03-083.

84 P.3d 25 (2004)

2004 MT 13

STATE of Montana, Plaintiff and Respondent, v. Marcus B. NELSON, Defendant and Appellant.

Supreme Court of Montana.

Decided January 27, 2004.

Attorney(s) appearing for the Case

For Appellant: Torger S. Oaas, Lewistown, Montana.

For Respondent: Mike McGrath, Attorney General; Carol E. Schmidt, Assistant Attorney General, Helena, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

I. INTRODUCTION

¶ 1 The State of Montana (State) charged Marcus B. Nelson (Nelson) with one count of Driving or in Actual Physical Control While Under the Influence of Alcohol or Drugs, third offense, a misdemeanor, in violation of § 61-8-401, MCA; and with one count of Driving While License Suspended or Revoked, a misdemeanor, in violation of § 61-5-212, MCA, in the District Court for...

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