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STATE v. MAINE

No. DA 10-0329.

255 P.3d 64 (2011)

2011 MT 90

360 Mont. 182

STATE of Montana, Plaintiff and Appellee, v. Gregory Alan MAINE, Defendant and Appellant.

Supreme Court of Montana.

Decided May 2, 2011.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt , Chief Appellate Defender, Matthew M. Wilcox , Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General, Micheal S. Wellenstein , Assistant Attorney General, Helena, Montana, Michael B. Hayworth , Rosebud County Attorney, Forsyth, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The State of Montana charged Gregory Alan Maine in the Sixteenth Judicial District Court, Rosebud County, with driving under the influence of alcohol (DUI). Section 61-8-401(1)(a), MCA. Because Maine had three prior DUI convictions, the State charged the present offense as Maine's fourth DUI, a felony. See § 61-8-731, MCA. Maine filed a motion seeking to invalidate one of the prior convictions...

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