State v. Dovey

Summary

The Montana Supreme Court affirmed a restitution order against John Creswell Dovey for theft from his former employer. The court held that restitution was not reduced by amounts the victim received from its insurer, relying on State v. Fenner. The court remanded for correction of the restitution amount from $26,562.00 to $26,500.62.

Holdings

1. A victim's receipt of reimbursement from its own insurer does not require deduction of that reimbursement from the restitution the offender must pay.
2. The restitution order must be amended to state the correct amount of $26,500.62.

Questions Presented

1. Whether a victim's receipt of insurance reimbursement requires reduction of the restitution ordered against the criminal defendant.
2. Whether the restitution order should be corrected to reflect the parties' agreed net amount of unrecovered stolen property.

Disposition

affirmed