State v. Yeaton
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The Supreme Court affirmed in part and reversed in part Defendant's sentence of five years' imprisonment with two years suspended and fees and fines totaling $5560, as well as an order to pay imprisonment, probation, and alcohol treatment costs "if financially able," holding that the district court improperly failed to inquire into Defendant's ability to pay the fines, fees, and surcharges ordered.
Defendant pled guilty to felony operation of a noncommercial vehicle by a person with a blood alcohol concentration of .08 or more, in violation of Mont. Code Ann. 61-8-406 and -731. Defendant challenged his sentence on appeal, arguing that the imposition of the financial costs violates statutes and the Court's precedents requiring district court findings about ability to pay. The Supreme Court reversed in part, holding that the district court (1) acted within its discretion to condition payment of imprisonment, probation, and treatment costs on a later determination of Defendant's ability to pay; (2) acted legally in imposing the mandatory $5000 fine; but (3) did not make the requisite inquiry into Defendant's ability to pay the $560 in fees and surcharges.
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