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State v. Erickson

State v. Erickson, 2018 MT 9 (Jan. 16, 2018) (Rice. J.) (5-0, aff’d, rev’d, & remanded)

Issue: Whether the district court erred in denying Erickson’s motion to modify his criminal judgment.

Short Answer: No; however, Erickson can seek relief under § 46-18-246 and is permitted to do so on remand.

Affirmed, reversed, and remanded

Facts: Erickson and Johnson were involved in a fight in 2011, which resulted in Johnson falling, hitting his head, and sustaining a serious injury. In February 2013, a jury found Erickson guilty of criminal endangerment, and this Court affirmed in 2014.

At sentencing in 2013, the state sought restitution for Johnson’s medical care and lost wages. Erickson argued that those issues were more appropriately addressed in a civil case, which Johnson had already filed.…