State v. McDanold

2004 MT 167, 97 P.3d 1076, 322 Mont. 31, 2004 Mont. LEXIS 255
CourtMontana Supreme Court
DecidedJune 29, 2004
DocketNo. 03-438
StatusPublished
Cited by6 cases

This text of 2004 MT 167 (State v. McDanold) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. McDanold, 2004 MT 167, 97 P.3d 1076, 322 Mont. 31, 2004 Mont. LEXIS 255 (Mo. 2004).

Opinion

CHIEF JUSTICE GRAY

delivered the Opinion of the Court.

¶1 Craig McDanold pled guilty in the Seventh Judicial District Court, Dawson County, to aggravated kidnapping, assault with a weapon by accountability, obstruction of justice and possession of explosives. On appeal, he raises three issues. We affirm in part, vacate in part and remand.

¶2 The issues are:

¶3 1. Did the District Court have authority to order McDanold to pay restitution absent a deferred imposition of sentence?

[33]*33¶4 2. Did the District Court err in ordering McDanold to pay restitution to Steve Berry’s parents and the crime victims compensation fund?

¶5 3. Did the District Court err in denying McDanold’s motion to amend the judgment by changing the designation of the offense in Count III of the Amended Information from assault with a weapon to assault with a weapon by accountability?

BACKGROUND

¶6 On November 30,2000, McDanold met with Lance Deines and two other men in Glendive, Montana, to discuss the recent theft of a safe belonging to Deines. The safe had contained ten grams of cocaine, cash and collector baseball cards. Deines suspected the thief was Steve Berry, who reportedly had come into possession of a quantity of cocaine and had talked to a mutual acquaintance about breaking into Deines’ house while Deines was attending a rock, concert in North Dakota.

¶7 McDanold and another man located Berry and brought him to the back of Deines’ house, where they confronted and threatened him, and assaulted him with a baseball bat. Berry admitted he had participated in the theft of the safe. McDanold, Deines and the two other men then forced Berry into Deines’ car and drove around Glendive in an attempt to recover the stolen items. McDanold sat next to Berry in the back seat, where he poked Berry with his elbow, hit Berry in the head and burned Berry’s hand with a cigarette. Berry eventually helped the men find the safe, but it was broken and empty. Deines then drove the car out of town on Belle Prairie Road. He removed Berry from the back seat and fired a pistol into the air, pointed the pistol at Berry, and threatened him and forced him to beg for his life. Finally, Deines drove everyone back to town, where the men released Berry. This incident is the basis for McDanold’s guilty pleas to kidnapping and assault with a weapon by accountability.

¶8 In December of 2000, and with help from an accomplice, Deines kidnapped and killed Berry. McDanold-who was living with Deines at that time-was not present when Deines killed Berry, but Deines told him about the murder later that night. When police officers questioned McDanold about Berry’s disappearance, McDanold provided false information. This incident is the basis for McDanold’s guilty plea to obstruction of justice.

¶9 During the same month, McDanold and three others used an explosive compound to blow up an old car outside Glendive. This is the [34]*34basis for McDanold’s guilty plea to possession of explosives.

¶10 Thus, of the six felony counts with which the State of Montana charged McDanold, he pled guilty to four and two were dismissed pursuant to a plea bargain. A sentencing hearing was held on December 20, 2002. The District Court sentenced McDanold to 10 years in prison for aggravated kidnapping, 15 years for assault with a weapon, 5 years for obstructing justice and 5 years (suspended) for possession of explosives. The prison terms are concurrent and the 5-year suspended sentence is to run consecutively to the prison terms. The court ordered McDanold to pay restitution to the owner of the damaged car and to the crime victims compensation fund and Berry’s parents for funeral expenses and other expenses related to his murder. The District Court entered its written judgment on December 27,2002.

¶11 In February of 2003, McDanold filed motions to amend his sentence and the parties filed a stipulation to amend the sentence and judgment. The District Court denied the motions and refused to amend its judgment pursuant to the stipulation. McDanold appeals.

STANDARD OF REVIEW

¶12 We review a district court’s imposition of a criminal sentence for legality. On sentencing questions regarding statutory interpretation, we review the trial court’s interpretation of the law to determine whether it is correct. State v. Montoya, 1999 MT 180, ¶¶ 15-16, 295 Mont. 288, ¶¶ 15-16, 983 P.2d 937, ¶¶ 15-16 (citations omitted).

ISSUE 1

¶13 Did the District Court have authority to order McDanold to pay restitution absent a deferred imposition of sentence?

¶14 McDanold argues that, under 1999 amendments to § 46-18-201, MCA, restitution may be imposed only on a deferred sentence. We recently rejected a similar argument.

¶15 In State v. Heath, 2004 MT 126, 321 Mont. 280, 90 P.3d 426, we held that the 1999 amendments to § 46-18-201, MCA, do not limit a court’s authority to impose restitution to cases in which sentencing has been deferred. We concluded that, under Montana’s sentencing statutes, restitution is a sentencing option whenever the sentencing court considers it necessary for rehabilitation or for the protection of the victim or society, and there is an appropriate correlation to the offense committed. Heath, ¶ 38.

¶16 We hold the District Court had authority to order McDanold to pay restitution even though the court did not defer imposition of [35]*35sentence.

ISSUE 2

¶17 Did the District Court err in ordering McDanold to pay restitution to Berry’s parents and the crime victims compensation fund?

¶18 McDanold argues he had nothing to do with Steve Berry’s death and should not be required to pay restitution for expenses which did not result from his offenses. He claims the District Court erred in ordering him to pay restitution to Berry’s parents and the crime victims compensation fund for Berry’s funeral expenses, the headstone for Berry’s grave, and Berry’s parents’ medical expenses and travel expenses for hearings concerning others charged with crimes relating to Berry’s murder. McDanold also claims he has been double-billed for some expenses for which the crime victims compensation fund has reimbursed Berry’s parents.

¶19 McDanold correctly points out that, pursuant to § 46-18-241, MCA, a criminal defendant may be required to pay restitution only to a victim who has sustained pecuniary loss as a result of his offense, and it is undisputed that “victim,” as defined at § 46-18-243(2)(a), MCA, includes the crime victims compensation fund. See § 46-18-243(2)(a)(v), MCA. McDanold further points out that, under State v. Horton, 2001 MT 100, 305 Mont. 242, 25 P.3d 886, and State v. Setters, 2001 MT 101, 305 Mont. 253, 25 P.3d 893, restitution must have a correlation or connection to the defendant’s offense.

¶20 In Horton, the defendant challenged a restitution provision on grounds that restitution is statutorily limited to payment to the victim of the ci’ime of which the defendant has been convicted. There, we held the district court exceeded its statutory authority by ordering the defendant to pay his child support obligation as a condition of his sentence for felony driving under the influence of alcohol or drugs, driving while his license was suspended and being a habitual traffic offender. Horton, ¶ 29.

¶21 In Setters,

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Related

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Bluebook (online)
2004 MT 167, 97 P.3d 1076, 322 Mont. 31, 2004 Mont. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcdanold-mont-2004.