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STATE v. SHIVELY

No. DA 07-0474.

216 P.3d 732 (2009)

2009 MT 252

351 Mont. 513

STATE of Montana, Plaintiff and Respondent, v. Charitie Lynn SHIVELY, Defendant and Appellant.

Supreme Court of Montana.

Decided July 30, 2009.

Rehearing Denied September 16, 2009.

Attorney(s) appearing for the Case

For Appellant: James B. Wheelis, Chief Appellate Defender; David Avery, Assistant Appellate Defender; Tammy Hinderman, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; C. Mark Fowler, Assistant Attorney General; Helena, Montana, Marty Lambert, Gallatin County Attorney; Bozeman, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 A jury in the Eighteen Judicial District Court, Gallatin County, convicted Charitie L. Shively (Shively) of theft for knowingly exercising unauthorized control of a welder to deprive the owner of its use, a felony. The District Court deferred imposition of her sentence for three years, subject to various conditions. Shively appeals, raising the following issues:

¶ 2 1. Must Defendant's conviction...

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