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State v. McIntire8/31/2004
intention that subsection (5) cross-refer, not to subsection (1), but to subsection (4), which contains all of the penalties and conditions which may be imposed for both deferred impositions of sentences and for suspensions of sentences.
Heath , 36 (emphasis in original). Based on these conclusions, we stated in Heath that we would "not permit legislative intent to be thwarted, and the whole of the judiciary's sentencing authority to be undermined, by a mere scrivener's error." Heath , 37.
Consequently, we held in Heath 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. Rather, 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.
Having already found that such a correlation does exist in this case, we hold that the District Court did not err in ordering McIntire to pay restitution as a condition of his suspended sentence.
Affirmed.
JAMES C. NELSON
We Concur:
PATRICIA O. COTTER
JIM REGNIER
W. WILLIAM LEAPHART
JIM RICE
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