Matter of K.E.G. Youth

JUSTICE McKINNON,

concurring in part and dissenting in part. ¶24 I concur in the Court’s decision to reverse the Youth Court’s order and remand for the entry of a corrected restitution amount. I respectfully dissent, however, from the Court’s analysis in reaching this conclusion. First, I believe the Court has improperly resolved this case based on a legal theory that K.E.G. neither raised in the Youth Court nor relied on in his appeal before this Court. Second, I disagree with the Court’s application of adult sentencing statutes to youth cases, where the Montana Youth Court Act has not…