State v. Hernandez

¶17 I believe that under our current precedents, Justice Cotter’s Dissent (¶¶ 23-27, infra) sets forth the correct analysis of the sentencing condition at issue here, and I accordingly join it. In so *116doing, however, I acknowledge some of the arguments made by Chief Justice McGrath in his Special Concurrence (¶¶ 10-16, supra).

¶18 As the Chief Justice notes, this Court held in State v. Montoya, 1999 MT 180, 295 Mont. 288, 983 P.2d 937, that we review criminal sentences for legality only. Montoya, ¶ 15. We modified that holding in State v. Herd, 2004 MT 85, 320 Mont. 490, 87 P.3d 1017, upon…