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State v. LaTray9/28/2000
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, The Honorable John R. Christensen, Judge presiding.
Submitted on Briefs: May 25, 2000
Ronald LaTray (LaTray) was convicted of five separate charges arising out of a hit and run incident and subsequent high-speed chase. As part of his sentence, the District Court ordered him to pay restitution for ambulance and towing fees related to this incident. LaTray appeals this order of restitution claiming that the District Court had no authority to order payment of restitution for these services. We affirm the District Court's sentencing order.
Factual Background
On April 24, 1999, LaTray was driving down U.S. Highway 87. He had been drinking and was driving with a suspended license. During the course of his drive, LaTray overtook a 1974 Jeep pickup driven by Douglas Bingeman (Bingeman) and, while attempting to pass, clipped its rear bumper. LaTray did not stop.
Since his Jeep pickup had sustained only minor damage, Bingeman drove after LaTray in an attempt to stop him or get his licence plate number. Bingeman testified at trial that he observed LaTray weaving between the shoulder and the median, sometimes crossing over into the oncoming lane of traffic. Other drivers called the police from cellular phones to report LaTray's erratic driving.
When sheriff's deputies caught up with LaTray he ignored their flashing lights and sirens and continued driving at speeds of up to 100 miles per hour. LaTray drove into a hayfield, nearly hit one of the deputy's cars and fled down a dirt road. The chase ended when LaTray lost control of his car, went into a ditch and rolled.
Although LaTray did not appear to be seriously injured, deputies called an ambulance as a precautionary measure. They also called a tow truck to remove LaTray's overturned vehicle from the ditch and take it to Lewistown.
Because LaTray appeared to be unconscious when the ambulance crew arrived, medical personnel called for an Advanced Life Support (ALS) ambulance to meet them en route to Great Falls. Paramedics prepared LaTray for transport by immobilizing him and applying a cervical collar. After meeting the ALS ambulance, paramedics took additional measures to assess and stabilize LaTray's condition. Doctors at the hospital ultimately determined that LaTray had no significant injuries but a blood screening revealed a blood-alcohol content of .156.
Procedural History
LaTray was charged by information with driving under the influence of alcohol, a felony; operating a motor vehicle without proof of liability insurance; operating a motor vehicle while a habitual traffic offender; leaving a vehicle accident scene; and felony criminal endangerment. He was convicted of all charges. The District Court sentenced him to ten years in prison and four years of supervised probation. In addition, the court ordered LaTray to pay restitution of $1,561.80 to Superior Towing for towing and storage fees and $317.50 to the Stanford Ambulance Service for ambulance services incurred as a result of the incident. LaTray appeals this sentence and asks this Court to strike the restitution requirement.
Issue
Did the District Court err when it ordered LaTray to pay restitution for ambulance and towing services?
Standard of Review
This Court reviews a criminal sentence for legality. State v. Montoya, 1999 MT 180, 15, 295 Mont. 288, 15, 983 P.2d 937, 15. Thus, our review is confined to whether the sentence is within the parameters provided by statute. Montoya, 15.
Disc
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