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STATE v. MICHAUD

No. DA 06-0553.

180 P.3d 636 (2008)

2008 MT 88

342 Mont. 244

STATE of Montana, Plaintiff and Appellee, v. Gerrad MICHAUD, Defendant and Appellant.

Supreme Court of Montana.

Decided March 18, 2008.

Attorney(s) appearing for the Case

For Appellant: Richard R. Buley, Tipp & Buley, Missoula, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Carol E. Schmidt, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney, Suzy Boylan-Moore, Deputy County Attorney, Missoula, Montana.

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

¶ 1 In April 2006 a jury in the Fourth Judicial District Court, Missoula County, convicted Gerrad Michaud of the misdemeanor offense of Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs. He appealed his conviction on several grounds. We affirm in part and reverse and remand in part.

ISSUES

¶ 2 A restatement of the issues on appeal is:

¶ 3 Did...

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