STATE v. CERASANI

No. DA 13-0059.

316 P.3d 819 (2014)

2014 MT 2

STATE of Montana, Plaintiff and Appellee, v. Anthony Michael CERASANI, Defendant and Appellant.

Supreme Court of Montana.

Decided January 7, 2014.


Attorney(s) appearing for the Case

For Appellant: Peter F. Lacny , Datsopoulos, MacDonald & Lind, P.C., Missoula, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Mardell Ployhar , Assistant Attorney General, Helena, Montana, Fred R. Van Valkenburg , Missoula County Attorney, Jennifer Clark , Deputy County Attorney, Missoula, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Anthony Cerasani appeals from the District Court's judgment dated November 27, 2012, imposing a restitution obligation of $164,851.27 as a condition of a deferred sentence for the offense of felony theft. We affirm in part and reverse in part.

¶ 2 The issue on appeal is whether the District Court properly included restitution for the victims' tax liability as part of the amount Cerasani...

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