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STATE v. GALLAGHER

No. 03-082.

125 P.3d 1141 (2005)

2005 MT 336

330 Mont. 65

STATE of Montana, Plaintiff and Respondent, v. Ernest George GALLAGHER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 22, 2005.

Attorney(s) appearing for the Case

For Appellant: Chad Wright, Chief Appellate Defender, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Robert J. Long, County Attorney; Mitchell A. Young, Deputy County Attorney, Polson, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Ernest George Gallagher appeals from both the verdict and judgment entered by the Twentieth Judicial District Court, Lake County, finding him guilty of driving under the influence of alcohol and two counts of criminal endangerment, and sentencing him as a persistent felony offender. We affirm.

¶ 2 We consider the following issues on appeal:

¶ 3 (1) In light of Defendant...

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