Montana v. Dodge

Justin Dodge appealed a district court judgment and sentence imposing $14,438.44 in restitution following his guilty plea for driving under the influence of alcohol or drugs (DUI). "The requirement of section 46-18-242, MCA, that a victim submit evidence specifically describing his or her pecuniary loss under oath in an affidavit or by testifying at sentencing is designed to ensure that restitution awards comply with basic principles of due process; that is, that an award is reliable." The Montana Supreme Court determined that the Department of Transportation’s failure to describe its loss under oath did not comply with the procedures and qualifications of 46-18-242, MCA, thus drawing into question the reliability of the award and Dodge’s substantial right to pay an accurate amount in restitution. The Court reversed the district court and remanded this case for resentencing for the limited purpose of reconsidering the restitution order. View "Montana v. Dodge" on Justia Law