State v. Thorpe

¶1 Jesse Tyler Thorpe appeals the Fourth Judicial District Court’s order that he pay $3,143 in restitution following his conviction for violating an order of protection. The sole issue on appeal is whether the restitution order was proper. We conclude that it was not. We vacate and remand.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 In December 2009, Ericka L., the mother of then four-year old A.L., sought an order of protection restraining Thorpe from being near A.L. The petition relied on A.L.’s statements suggesting that Thorpe sexually abused her. On December 4, 2009, the Missoula Municipal Court…