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STATE v. PRUETT

No. 31530.

139 P.3d 753 (2006)

143 Idaho 151

STATE of Idaho, Plaintiff-Appellant, v. James D. PRUETT, Defendant-Respondent.

Court of Appeals of Idaho.

Review Denied July 10, 2006.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Arkoosh Law Offices, Chtd., Gooding, for respondent. Jay J. Kiiha argued.

LANSING, Judge.

In this case, the State appeals a district court order dismissing charges of misuse of public money, a violation of Idaho Code § 18-5701, that had been filed against James D. Pruett, a police officer. Because we agree with the district court's determination that a police officer is not within the class of persons who are subject to the provisions of I.C. § 18-5701, we affirm.

I.

FACTUAL & PROCEDURAL BACKGROUND

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