State v. Lee, 2015 MT 259 (Sept. 1, 2015) (Baker, J.) (5-0, rev’d)
Issue: Whether the district court had authority to order the sale of Lee’s firearms and apply the proceeds to the costs of Lee’s incarceration in a county detention center.
Short Answer: No.
Reversed and remanded for entry of amended judgment
Facts: Lee was charged with robbery, assault with a weapon and burglary after allegations that he unlawfully entered a couple’s home in July 2013, pointed a gun and demanded money. Officers arrested Lee and confiscated weapons from his home and vehicle. Garfield County paid to incarcerate Lee until his sentencing in May 2014.
Lee pled nolo contender to all charges in exchange for the state not pursuing sentencing enhancements for using a dangerous weapon.…