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State v. Brave

State v. Brave, 2016 MT 178 (July 26, 2016) (Shea, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court erred in ordering Brave to pay $25,000 in restitution, and (2) whether the district court erred in imposing several probation conditions.

Short Answer: (1) No, and (2) yes.

Affirmed (1) and reversed (2)

Facts: The state charged Brave with sexual intercourse without consent on the basis of his having committed the offense with AC, who then became pregnant and gave birth to twins. At the time of the offense, Brave was 18 and AC was 14. In May 2014, Brave pled guilty to an amended charge of criminal endangerment, a felony.

Procedural Posture & Holding: The district court held a restitution hearing in September 2014, and a sentencing hearing in November 2014, after which it issued a restitution order ordering Brave to pay $35,667.36 to AC’s mother, DC, which included $25,000 for DC’s lost wages during a 10-week FLA leave of absence that she took after the twins were born.…