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STATE v. MANN

No. 04-315.

130 P.3d 164 (2006)

2006 MT 33

331 Mont. 137

STATE of Montana, Plaintiff and Respondent, v. Marvin Ralph MANN, Defendant and Appellant.

Supreme Court of Montana.

Decided February 16, 2006.

Attorney(s) appearing for the Case

For Appellant: Jeremy S. Yellin, Attorney at Law, Havre, Montana.

For Respondent: Hon. Mike McGrath, Montana Attorney General, Mark Mattioli, Assistant Attorney General, Helena, Montana, Yvonne Laird, Blaine County Attorney, Chinook, Montana.

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

¶ 1 Marvin Mann (Mann) appeals a District Court ruling that he failed to rebut the presumption of regularity accorded to two prior DUI convictions. We reverse and remand.

ISSUE

¶ 2 The issue on appeal is whether the District Court incorrectly determined that Mann failed to overcome the "presumption of regularity" accorded to his 1993 and 1994 DUI convictions.

FACTUAL...

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