State v. Dowd
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The Supreme Court reversed the decision of the district court imposing costs, surcharges, and fees as recommended by Defendant's presentence investigation report in connection with his conviction of felony driving under the influence pursuant to Mont. Code Ann. 61-8-401, holding that remand was required.
Despite Defendant's objections that he could not afford to pay, the district court imposed a $5,000 fine, several costs, surcharges and fees. The Supreme Court reversed and remanded the case for the court to strike the costs, surcharges, and fees from the judgment, holding that the court misapprehended the effect of the evidence at the sentencing hearing in concluding that Defendant had the ability to pay because his assets outweighed his liabilities.
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