In re J.D.N.

Summary

The Montana Supreme Court held that a youth court could not designate J.D.N.'s criminal mischief offense as a felony based on a finding that the vehicle's value was "at least $1,000." Because Montana law required pecuniary loss in excess of $1,000, the court reversed the disposition and remanded for a new disposition based on an offense that would be a misdemeanor if committed by an adult.

Holdings

1. It does not. Because section 45-6-101(3), MCA, requires pecuniary loss in excess of $1,000, a finding that the loss was at least $1,000 is legally insufficient to establish felony criminal mischief.
2. Dismissal was not warranted on the record presented. The court declined to consider J.D.N.'s unsupported request for dismissal and remanded for entry of a disposition upon a finding that he committed an act that would be a misdemeanor if committed by an adult.

Questions Presented

1. Whether a Youth Court finding that damaged property had a value of "at least $1,000" satisfies Montana Code Annotated section 45-6-101(3), which makes criminal mischief a felony when it causes pecuniary loss "in excess of $1,000."
2. Whether the appropriate disposition after reversal of the felony designation was dismissal of the delinquency petition or remand for a new disposition.

Disposition

reversed_and_remanded