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STATE v. JIVELEKAS

No. 04-505.

122 P.3d 1248 (2005)

2005 MT 277

329 Mont. 204

STATE of Montana, Plaintiff and Appellant, v. Billy JIVELEKAS, Defendant and Respondent.

Supreme Court of Montana.

Decided November 3, 2005.

Attorney(s) appearing for the Case

For Appellant: Mike McGrath, Attorney General; Brenda E. Thompson, Special Assistant Attorney General, Department of Corrections, Helena, Montana, Dennis Paxinos, County Attorney; Mark Murphy, Chief Deputy County Attorney, Billings, Montana.

For Respondent: Nancy Schwartz, Billings, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The State of Montana appeals the District Court's order filed May 3, 2004, granting Billy Jivelekas approval to operate a vehicle for employment purposes. We affirm.

¶ 2 The State argues on appeal that § 61-8-731, MCA (2001), legally prohibits the District Court from granting Jivelekas approval to operate a motor vehicle. Jivelekas argues that the appeal should be dismissed...

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