State v. Bourne

I dissent from the opinion of the majority.

As this Court pointed out in State v. Mazurkiewicz (1990), 245 Mont. 172, 177, 799 P.2d 1066, 1070:

Section 46-18-242, MCA, clearly states that restitution may be a proper condition of a deferred, suspended or partially suspended sentence. No statute allows restitution requirements to be imposed in the absence of these sentences.

Actually, restitution is authorized when sentences are deferred or suspended by § 46-18-201(l)(a) and (b), MCA. Section 46-18-242, MCA, simply describes the information which must be included in the presentence investigation…