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STATE v. BROTHERS

No. DA 12-0547.

307 P.3d 306 (2013)

2013 MT 222

STATE of Montana, Plaintiff and Appellee, v. Thomas Daniel BROTHERS, Defendant and Appellant.

Supreme Court of Montana.

Decided August 13, 2013.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender, Jonathan King , Assistant Appellate Defender; Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Micheal S. Wellenstein , Assistant Attorney General; Helena, Montana, Ed Corrigan , Flathead County Attorney, Kalispell, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Defendant and Appellant Thomas Brothers (Brothers) appeals the Eleventh Judicial District Court's award of $1,069.02 in restitution to the State. We reverse.

ISSUE

¶ 2 We restate the sole issue on appeal as follows:

¶ 3 Did the District Court err by ordering Brothers to pay restitution to the State?

FACTUAL AND PROCEDURAL BACKGROUND<...

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