State v. Breeding

¶1 Benjamin Breeding was convicted of felony theft in the District Court for the Eighteenth Judicial District, Gallatin County. The District Court imposed a sentence that included $7,082.42 in restitution. Breeding appeals, contending that the District Court did not have authority to impose restitution on him of more than $1,408.89 in this case. We agree and thus reverse the court’s imposition of the excess $5,673.53 in restitution.

BACKGROUND

¶2 On January 5, 2004, Sherri Smith reported her 1993 Jeep Grand Cherokee stolen from an alley in Bozeman, Montana. Apparently, she had started the…