State v. Lamb
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The Supreme Court reversed a portion of the restitution ordered in the judgment and sentence from the district court, holding that the district court erred when it ordered Defendant to pay the full restitution requested by a victim without accounting for statutory witness fees and expenses billable to the county.
Defendant pleaded guilty to negligent homicide pursuant to an Alford plea. The State requested $6,795 in restitution for the father of the deceased victim, who was subpoenaed by the State, and the district court ordered Defendant to pay the full amount requested. On appeal, Defendant argued that the district court erred in including witness fees and expenses in the restitution order because the county was statutorily obligated to pay those fees and expenses. The Supreme Court reversed, holding that remand was required for further fact-finding to determine whether the ordered restitution included witness fees and expenses the county was responsible to pay Defendant under Mont. Code Ann. 46-15-116 and 26-2-501.
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