State v. Johnson
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Charley Johnson entered a nolo contendere plea to intimidation for repeated sexually assaultive behavior against his stepdaughter. During sentencing, the district court (1) sentenced Johnson to a ten-year commitment to the department of corrections, (2) required Johnson to pay for counseling costs previously incurred by his stepdaughter as well as an undetermined amount for future counseling costs she would incur the period of Johnson's sentence, and (3) imposed a condition restricting Johnson from places where children can congregate. The Supreme Court (1) affirmed, holding that Johnson failed to preserve for appellate review the issue of whether the district court erred in imposing restitution for past and future counseling expenses incurred by the victim, but (2) remanded for calculation for future restitution in compliance with Mont. Code Ann. 46-18-244.
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