Articles Posted in Montana Supreme Court

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Defendant entered a plea agreement in which he agreed to plead guilty to two counts of felony theft and to pay restitution for the loss incurred as a result of his fraudulent acts. At issue was whether the district court erred in issuing a restitution order where the State failed to submit sworn victim affidavits as required by 46-18-242(1)(b), MCA. The court held that defendant failed to preserve his objection to the pre-sentencing investigation report's omission of victim affidavits where, except for his lone objection on the date of sentencing, defendant did not alert the trial court of any claim that victim affidavits were required for an order of restitution in his case; where defendant's plea agreement expressly consented to the court's determination of restitution upon hearing; where his own filings acknowledged the accuracy of the surrender penalty figures; and where his pre-sentencing briefs stated the dispute in terms of legal argument regarding the measure of loss, which the parties had agreed to submit to the court for resolution, a ruling he did not challenge on appeal.