Submitted on Briefs: April 15, 2015.
Released for Publication June 29, 2015.
APPEAL FROM: District Court of the Eleventh Judicial District, In and For the County of Flathead, Cause No. DC-12-410(B). Honorable Robert B. Allison, Presiding Judge.
For Appellant: Thane Johnson, Johnson, Berg & Saxby; Kalispell, Montana.
For Appellee: Timothy C. Fox, Montana Attorney General, C. Mark Fowler, Assistant Attorney General; Helena, Montana; Ed Corrigan, Flathead County Attorney, Alison E. Howard, Deputy County Attorney; Kalispell, Montana.
MICHAEL E WHEAT. We Concur: LAURIE McKINNON, BETH BAKER, PATRICIA COTTER, JIM RICE. Justice Michael E Wheat delivered the Opinion of the Court.
[379 Mont. 373] Michael E Wheat,
[¶1] Defendant Brent Matthew Passwater (Passwater) appeals from the Judgment and Sentence of the Eleventh Judicial District Court, Flathead County, ordering him to pay restitution to Lynn Boots (Lynn), Bryce Boots (Bryce), and to the Crime Victim Compensation Program in the total amount of $618,816.41. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
[¶2] On July 11, 2012, Passwater failed to yield while making a left turn off of Montana Highway 83 and collided with a motorcycle. Bryce was driving the motorcycle and his wife Lynn was a passenger. Passwater was intoxicated at the time of the accident.
[¶3] Lynn and Bryce (collectively the Boots) were hospitalized. Bryce suffered a broken left foot and Lynn's left leg was amputated below the knee.
[¶4] On October 18, 2013, Passwater pleaded guilty to Negligent Vehicular Assault. A sentencing hearing was set for January 2, 2014, but was later continued until March 19, 2014.
[¶5] On December 24, 2013, the State filed its Presentence Investigation (PSI) with the court. The PSI was delivered to Passwater on December 27, 2013. The PSI included a victim impact letter and an affidavit from the Boots claiming a total pecuniary loss of $1,427,318.01. A Life Care Plan (the Plan) was submitted with the PSI. The Plan was prepared by Jennifer Crowley (Crowley), a Certified Life Care Planner and RN at Eagleview West Life Care ...