State v. Rennick, 98-677.
| Decision Date | 01 July 1999 |
| Docket Number | No. 98-677.,98-677. |
| Citation | 1999 MT 155,295 Mont. 97,983 P.2d 907 |
| Parties | STATE of Montana, Plaintiff and Respondent, v. Russell Ross RENNICK, Defendant and Appellant. |
| Court | Montana Supreme Court |
Bethany F. Schendel, Great Falls, Montana, For Appellant.
Honorable Joseph P. Mazurek, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana, Brant S. Light, County Attorney; Marvin Anderson, Deputy County, Attorney, Great Falls, Montana, For Respondents.
¶ 1 Russell Ross Rennick appeals the order of the Eighth Judicial District Court, Cascade County, ordering him to pay restitution in connection with his plea of guilty to driving while under the influence (DUI) and failure to carry proof of insurance. We reverse.
¶ 2 The sole issue presented in this case is whether the District Court erred in ordering Rennick to pay restitution after judgment had already been entered and for offenses which were dismissed as part of a plea bargain.
¶ 3 Rennick was originally charged before the Justice Court for Cascade County with negligent endangerment, boating under the influence of drugs or alcohol, driving while under the influence, and failure to carry proof of insurance. Pursuant to a plea agreement, the charges of negligent endangerment and boating under the influence were dropped in exchange for Rennick's plea of guilty to driving under the influence and failure to carry insurance. Rennick was given a 10-day suspended sentence and a $300 fine for the DUI and a six-month suspended sentence and $500 fine for failure to carry insurance. The Justice Court further provided that "the State is hereby given 10 days from the date of this Order to notify the Court regarding Restitution."
¶ 4 The State filed a timely motion for restitution in the amount of $366.36 for the medical and repair expenses incurred by the victim of the boating accident giving rise to Rennick's negligent endangerment charge. The Justice Court conducted a hearing on the motion, and approximately five months after the entry of Rennick's original sentence, entered its order of restitution.
¶ 5 Rennick appealed the order to the Eighth Judicial District Court for Cascade County, which upheld the order of the Justice Court and dismissed Rennick's appeal. From this order, Rennick appeals.
¶ 6 Did the District Court err in ordering Rennick to pay restitution after judgment had already been entered and for offenses which were dismissed as part of a plea bargain?
¶ 7 We review the imposition of a sentence for legality only. State v. Graves (1995), 272 Mont. 451, 463, 901 P.2d 549, 557. The standard of review on the legality of a sentence is whether the sentencing court abused its discretion. Graves, 272 Mont. at 463,901 P.2d at 557...
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...State v. Clark, 2000 MT 40, 298 Mont. 300, 997 P.2d 107; State v. Kober, 1999 MT 264, 296 Mont. 425, 989 P.2d 399; State v. Rennick, 1999 MT 155, 295 Mont. 97, 983 P.2d 907; State v. Ommundson, 1999 MT 16, 293 Mont. 133, 974 P.2d 620; State v. Baisch, 1998 MT 12, 287 Mont. 191, 953 P.2d 107......
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State v. Setters, 99-110.
...284, ¶ 6, 297 Mont. 23, ¶ 6, 989 P.2d 866, ¶ 6 (citing State v. Richards (1997), 285 Mont. 322, 324, 948 P.2d 240, 241). See also State v. Rennick, 1999 MT 155, ¶ 7, 295 Mont. 97, ¶ 7, 983 P.2d 907, ¶ 7; State v. Graves (1995), 272 Mont. 451, 463, 901 P.2d 549, 557. The standard of review o......
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State v. Horton, 99-650.
...284, ¶ 6, 297 Mont. 23, ¶ 6, 989 P.2d 866, ¶ 6 (citing State v. Richards (1997), 285 Mont. 322, 324, 948 P.2d 240, 241). See also State v. Rennick, 1999 MT 155, ¶ 7, 295 Mont. 97, ¶ 7, 983 P.2d 907, ¶ 7; State v. Graves (1995), 272 Mont. 451, 463, 901 P.2d 549, 557. The standard of review o......
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State v. Frazier, 99-617.
...sentences from consecutive to concurrent after revocation of their suspension? ¶ 11 We review sentences for legality only. State v. Rennick, 1999 MT 155, ¶ 7, 295 Mont. 97, ¶ 7, 983 P.2d 907, ¶ 7; State v. Graves (1995), 272 Mont. 451, 463, 901 P.2d 549, 557. We have held when the issue inv......