In the Matter of 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" for felony criminal mischief, 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. Criminal mischief is a felony under § 45-6-101(3), MCA, only when it causes a pecuniary loss in excess of $1,000; a finding that the loss was at least $1,000 is insufficient as a matter of law.
2. The Supreme Court declined to dismiss the petition and instead remanded for entry of a disposition based on a finding that J.D.N. committed an act that would constitute a misdemeanor if committed by an adult.

Questions Presented

1. Whether the Youth Court erred by determining that J.D.N. committed felony criminal mischief under Montana Code Annotated § 45-6-101(3) when it found only that the pecuniary loss was at least $1,000.
2. Whether the case should be dismissed rather than remanded after the felony designation was found legally insufficient.

Disposition

reversed_and_remanded