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STATE v. JOHNSON

No. DA 10-0398.

254 P.3d 578 (2011)

2011 MT 116

360 Mont. 443

STATE of Montana, Plaintiff and Appellee, v. David C. JOHNSON, Defendant and Appellant.

Supreme Court of Montana.

Decided June 1, 2011.

Rehearing Denied June 21, 2011.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt , Chief Appellate Defender; Matthew M. Wilcox , Assistant Appellate Defender; Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Mark W. Mattioli , Assistant Attorney General; Helena, Montana, Fred R. Van Valkenburg , Missoula, County Attorney; Missoula, Montana, Roberta Cross Guns , Special Deputy Missoula County Attorney, State Auditor's Office; Helena, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 David C. Johnson (Johnson) appeals the District Court's restitution order based on the State's failure to submit sworn victim affidavits as required by § 46-18-242(1)(b), MCA.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 Johnson was licensed by the Montana Insurance Department as a life and disability insurance producer. The State Auditor's Insurance Department investigated Johnson...

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