Legal Opinion

State v. Ness

Montana Supreme Court

Decided September 10, 2009No. DA 07-0541PublishedCited by 5 opinions

1Opinion of the CourtJustice Rice

¶1 Appellant Edward Ness (Ness) pled guilty to and was sentenced for Tampering With or Fabricating Physical Evidence, a felony, in violation of §45-7-207, MCA (2005), in the Twentieth Judicial District Court, Lake County. Ness appeals only that portion of his sentence imposing $3,500 in restitution. We affirm.

¶2 The sole issue on appeal is whether the District Court erred by requiring Ness to pay restitution for funeral expenses as part of his sentence for tampering with evidence.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 In the early morning hours of July 1, 2006, Jami Sherman (Sherman) was…

2Cases cited10 opinions

  1. State v. AshbyMontana Supreme Court · 2008
  2. State v. HermanMontana Supreme Court · 2008
  3. State v. OmmundsonMontana Supreme Court · 1999
  4. State v. BreedingMontana Supreme Court · 2008
  5. State v. HortonMontana Supreme Court · 2001

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. MartinezCalifornia Supreme Court · 2017
  2. State v. JentMontana Supreme Court · 2013
  3. State v. BrownbackMontana Supreme Court · 2010
  4. City of Billings v. EdwardMontana Supreme Court · 2012
  5. State v. ThorpeMontana Supreme Court · 2015

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