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STATE v. WING

No. DA 11-0356.

285 P.3d 469 (2012)

2012 MT 176

366 Mont. 37

STATE of Montana, Plaintiff and Appellee, v. Robert Arthur WING, Defendant and Appellant.

Supreme Court of Montana.

Decided August 14, 2012.

Attorney(s) appearing for the Case

For Appellant: Johnna K. Baffa ; Van de Wetering & Baffa, P.C., Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Mardell Ployhar , Assistant Attorney General, Helena, Montana Nick Murnion , Valley County Attorney, Glasgow, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Appellant Robert Arthur Wing appeals from his conviction in the Seventeenth Judicial District Court, Valley County, of felony driving while under the influence of alcohol (fourth or subsequent offense) in violation of § 61-8-401, MCA. Wing argued at trial that he had not been driving on the day of his arrest, and that another man, Michael Halverson, had been the driver before the vehicle...

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