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STATE v. JOHNSON

No. 14472.

594 P.2d 333 (1979)

STATE of Montana, Plaintiff and Appellant, v. James Richard JOHNSON, Defendant and Respondent.

Supreme Court of Montana.

Decided April 30, 1979.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Robert L. Deschamps III, County Atty., Missoula, for plaintiff and appellant.

Edward Cummings, Missoula, for defendant and respondent.

SHEA, Justice.

Plaintiff, the State of Montana, appeals from an order of the Missoula County District Court granting defendant's motion to dismiss proceedings for an evidentiary hearing on suspension of defendant's driver's license and ordering that his driving privileges be restored to him. The motion was granted without notice or opportunity to be heard and was further based on a misreading of section 32-2142.2(a), R.C.M. 1947, now section 61-8-403 MCA. We reverse...

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