State v. Gonzales

PERRY, Chief Judge.

Jose Alfred Gonzales appeals from the district court’s judgment of conviction and order of restitution. For the reasons set forth below, we vacate Gonzales’s judgment of conviction as it pertains to conditions of his probation, reverse the order of restitution, and remand for further proceedings consistent with this opinion.

I

FACTS AND PROCEDURE

The state charged Gonzales with unlawful penetration by use of a foreign object in violation of I.C. § 18-6608. Gonzales entered into a binding plea agreement pursuant to I.C.R. 11, which the district court accepted prior to…