Montana v. Corbino

Defendant Laurie Kay Corbino appealed a district court's judgment and order of commitment. Defendant entered into a plea agreement wherein she pled guilty to felony burglary. Defendant admitted to entering the Lendmans’ residence and taking cosmetic items that belonged to them. In the presentence investigation report, Mrs. Lendman submitted an affidavit of pecuniary loss wherein she listed as missing two large bags of personal items and a large gold ring with opal, emeralds and diamonds. Because the other items were recovered, the only restitution Mrs. Lendman requested was $1,500 for the ring. Defendant admitted to taking the personal items, but denied taking the ring. The District Court also determined that "with no current resources, [the Defendant did not have the] ability to pay for the type of programs that she needs if she were on probation, including the [Cognitive Principles and Restructuring] program." Defense counsel objected to Defendant's sentence on the grounds that she was being incarcerated based on her inability to pay. The court denied Defendant's objection because, even though she had a counselor for her drug and alcohol addictions, Defendant's compulsive thievery was different than addiction. Upon review, the Supreme Court held that the District Court properly applied the law to the facts of this case, and affirmed the district court's decision.