State v. Workman, 326 Mont. 1

Summary

The Supreme Court of Montana affirmed Jack Leroy Workman's convictions for three counts of burglary and the order holding him jointly and severally responsible for $26,840.33 in restitution. The court held that the 2003 amendments to Montana's restitution statutes applied retroactively and that the presentence investigation and restitution order complied with those provisions. It also concluded that the district court could impose full restitution on Workman and that he had not asserted available civil-law defenses or challenged the stipulated restitution amount.

Holdings

1. The district court's restitution order complied with the 2003 version of § 46-18-242 because the presentence investigation report included information concerning Workman's assets and documentation describing the victims' pecuniary losses and replacement values; the statute did not require consideration of his future ability to pay.
2. The district court did not violate § 46-18-244(1) because the 2003 statute required the court to specify the total restitution amount but did not require it to establish a payment schedule or installment amounts.
3. A sentencing court may impose joint and several liability on one offender for the full pecuniary loss caused by the offenses rather than limiting restitution to a proportionate share among co-defendants.

Questions Presented

1. Whether the district court imposed restitution in violation of Montana Code Annotated §§ 46-18-242(1)(a) and (b) and 46-18-244(1).
2. Whether the district court erred by ordering Workman to pay full restitution of $26,840.33 jointly and severally rather than only a proportionate share.

Disposition

affirmed