State v. Eaton

Summary

The Montana Supreme Court reviewed Myles Eaton's challenge to restitution conditions imposed after he pleaded guilty to felony theft. The court held that restitution was authorized as a condition of his suspended sentence, but that including Social Security benefits in the income used to calculate restitution payments violated 42 U.S.C. § 407(a). The court affirmed in part, reversed in part, and remanded for an amended judgment.

Holdings

1. Eaton did not waive his appellate challenges because the conditions were challenged as illegal sentencing conditions exceeding statutory or federal limitations, and his statements at sentencing did not constitute active acquiescence.
2. The district court had statutory authority to order restitution as a condition of the suspended portion of Eaton's sentence.
3. The district court could not require restitution payments calculated from net income that included Social Security benefits because that order subjected those benefits to prohibited legal process under 42 U.S.C. § 407(a).

Questions Presented

1. Whether the district court erred by ordering restitution as a condition of the suspended portion of Eaton's sentence under the 1999 amendments to Montana Code Annotated § 46-18-201.
2. Whether the district court erred by requiring restitution payments calculated from net income that included Social Security benefits.
3. Whether Eaton waived his sentencing challenges by failing to object to the restitution conditions at sentencing.

Disposition

reversed_and_remanded