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State v. Rude

Supreme Court of Montana

July 24, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
TODD MARTIN RUDE, Defendant and Appellant.

ORDER

Appellant Todd Martin Rude (Rude) pled guilty to the felony offense of criminal mischief and the misdemeanor offenses of no insurance, violating the duty upon striking an unattended vehicle and reckless driving. As conditions of his suspended sentence, the district court ordered Rude to pay restitution, $250 in prosecution costs, and $800 for the costs of his appointed counsel.

On appeal, Rude argues that the district court failed to specify his total restitution obligation, and the district court failed to investigate his ability to pay the costs of the prosecution and his appointed counsel. The State has filed a Notice of Concession, agreeing that the district court failed to specify Rude's total restitution obligation and to investigate his ability to pay the costs of the prosecution and his appointed counsel. Both Rude and the State agree that this case should be remanded to the district court for the district court to specify the total amount of Rude's restitution obligation. The parties also agree that on remand the district court should determine whether Rude has the ability to pay the costs of the prosecution and his appointed counsel.

Therefore,

IT IS ORDERED that this appeal is dismissed (without prejudice) and the case is remanded to the district court for the district court to specify Rude's total restitution obligation in an amended judgment.

IT IS FURTHER ORDERED that on remand the district court should determine Rude's ability to pay the costs of the prosecution and his appointed counsel.

The Clerk is directed to provide copies of this Order to all counsel of record and to the Hon. James P. Reynolds, presiding District Court Judge.


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