State v. Bustle, 2010 MT 68, 355 Mont. 487

Summary

The Supreme Court of Montana held that the district court unlawfully imposed $450 in justice court costs as part of Matthew Scott Bustle's sentence. The court reversed and remanded for further proceedings because simply vacating the justice court costs could alter the sentencing court's intended allocation of court costs.

Holdings

1. The imposition of $450 in Justice Court costs was unlawful because the District Court did not have authority to order Bustle to pay those costs.
2. The case must be reversed and remanded for further proceedings rather than simply vacating the $450 Justice Court cost assessment.

Questions Presented

1. Whether the District Court had authority to impose $450 in Justice Court costs as part of Bustle's sentence.
2. If the Justice Court cost assessment was unlawful, whether the assessment should be vacated outright or the matter remanded for resentencing or amendment of the judgment.

Disposition

reversed_and_remanded