State v. HEAFNER

¶1 This appeal involves the validity of the conditions of a criminal sentence, and more particularly the remedy to be imposed where discrete conditions of a sentence are illegal. We review a sentence involving incarceration of a year or more for legality. State v. Ruiz, 2005 MT 117, ¶ 8, 327 Mont. 109, 112 P.3d 1001.

¶2 In January, 2008, Heafner participated in planning and carrying out a home-invasion burglary that left the homeowner so badly beaten that he is disfigured and permanently and severely disabled with brain injuries. Heafner drove his two accomplices to the crime scene, waited in…