Montana Supreme Court

State v. N. Puccinelli

May 28, 2024416 Mont. 444

Summary

The Court held that the District Court abused its discretion by revoking Neldia Puccinelli’s suspended sentence for failing to pay restitution in full. The record showed consistent payments, financial inability to pay the remaining balance, lack of notice or graduated interventions, and no substantial evidence that her failure resulted from a lack of good faith. The Court reversed, directed the District Court to vacate the revocation judgment, and ordered dismissal of the revocation petition.