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STATE, DEPT. OF CORRECTIONS v. PHELPS

No. 99-156.

995 P.2d 963 (2000)

2000 MT 18

STATE of Montana, DEPARTMENT OF CORRECTIONS, Plaintiff and Appellant, v. Billie Joe PHELPS, a/k/a Billie Joe Newton, Defendant and Respondent.

Supreme Court of Montana.

Decided January 27, 2000.

Attorney(s) appearing for the Case

David L. Ohler and Diana Leibinger-Koch, Special Assistant Attorneys General, Helena, Montana, for Appellant.

Ronald L. Bissell, Public Defender's Office, Great Falls, Montana, for Respondent.

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 Billie Joe Phelps was sentenced in the Eighth Judicial District Court, Cascade County, for his fourth offense of driving under the influence of alcohol (DUI) and driving while his license was suspended or revoked. On appeal, the Department of Corrections argues that the District Court failed to comport with the applicable DUI sentencing law pursuant to § 61-8-731, MCA (1997). We remand Phelps...

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