State v. Lodahl
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The Supreme Court affirmed in part and reversed in part the order of the district court sentencing Plaintiff to pay restitution to the Montana State Fund (MSF) for benefits it paid to a sergeant from the Gallatin County Detention Center related to an on-the-job injury, holding that the district court failed to appropriately apply Mont. Code Ann. 46-18-246 to conclude it would otherwise be unjust to require Defendant to pay the restitution imposed.
Defendant was charged with felony assault on a peace officer for her actions in striking the sergeant after the sergeant requested that Defendant sit down while waiting for an initial appearance in court. Defendant pleaded guilty to misdemeanor assault. In sentencing Defendant, the district court concluded that MSF qualified as a victim and was thus entitled to restitution. The Supreme Court affirmed, holding that the district court (1) correctly concluded the MSF was an insurer victim entitled to restitution for pecuniary loss; and (2) erred by failing to adjust or otherwise waive payment by Defendant of the restitution ordered.
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