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STATE v. BRANAM

No. 05-553.

148 P.3d 635 (2006)

2006 MT 300

STATE of Montana, Plaintiff and Appellant, v. Erik A. BRANAM, Defendant and Respondent.

Supreme Court of Montana.

Submitted May 2, 2006.

Decided November 22, 2006.

Attorney(s) appearing for the Case

For Appellant: Fred Van Valkenburg (argued), County Attorney; Jennifer Clark (argued), Deputy County Attorney, Missoula, Montana.

For Respondent: Martin W. Judnich (argued), Attorney at Law, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The State appeals from an order of the Fourth Judicial District Court, Missoula County, dismissing its petition to forfeit property. The State seeks the forfeiture of Erik A. Branam's (Branam) Cadillac Escalade, cash totaling $44,360.00, and an AR-15 semiautomatic rifle (hereinafter referred to together as Property) under § 44-12-102, MCA. We reverse and remand.

¶ 2 The issue on appeal...

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