State v. Brown

specially concurring.

I concur with the result of the majority opinion, but not all that is said therein.

I would hold, as a matter of law, that there is no statutory basis for ordering forfeiture of the defendant’s property in order to satisfy a restitution order. Section 46-18~202(l)(e), MCA, allows for the imposition of conditions on a sentence when it is “related to the objectives of rehabilitation and the protection of society.” For the same reasons that I dissented in State v. Bourne (Mont. 1993), 856 P.2d 222, 50 St. Rep. 791, I conclude that taking property from a person who has already…