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STATE v. BREEDING

No. DA 07-0365.

184 P.3d 313 (2008)

2008 MT 162

STATE of Montana, Plaintiff and Appellee, v. Benjamin BREEDING, Defendant and Appellant.

Supreme Court of Montana.

Decided May 8, 2008.

Attorney(s) appearing for the Case

For Appellant: Hillary S. Prugh, Angel, Coil & Bartlett, Bozeman, Montana

For Appellee: Hon. Mike McGrath, Montana Attorney General, Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Marty Lambert, Gallatin County Attorney, Ashley Harrington, Deputy County Attorney, Bozeman, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Benjamin Breeding was convicted of felony theft in the District Court for the Eighteenth Judicial District, Gallatin County. The District Court imposed a sentence that included $7,082.42 in restitution. Breeding appeals, contending that the District Court did not have authority to impose restitution on him of more than $1,408.89 in this case. We agree and...

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