State v. Hernandez

Defendant Matthew Hernandez appeals his conviction for felony theft (receiving stolen property) following a jury trial in Cascade County District Court. He. also appeals the order compelling restitution for charges that had been dismissed. We reverse the conviction and the charges are dismissed.

Defendant pleaded guilty to burglary and theft of coins from a Great Falls residence. Based on a plea agreement, other charges against him were dismissed and restitution was not a factor in the dismissal of the charges. While on probation, defendant sold some of the coins he had previously stolen, and…