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STATE v. HOWARD

No. DA 07-0310.

184 P.3d 344 (2008)

2008 MT 173

STATE of Montana, Plaintiff and Appellee, v. Joseph Everette HOWARD, Defendant and Appellant.

Supreme Court of Montana.

Decided May 13, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender, Lisa S. Korchinski, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Jesse A. Laslovich, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney, Dale Mrkich, Deputy County Attorney, Missoula, Montana.

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

¶ 1 In December 2005 Joseph Everette Howard (Howard) was charged with felony operating a vehicle with a blood alcohol level of .08 or greater (DUI), misdemeanor operating a vehicle without proof of liability insurance, and misdemeanor failure to obey a traffic signal. He pleaded not guilty and counsel was appointed to represent him. In March 2006 Howard filed...

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