Restitution winner

9:33 AM 5/9/2008
2008 MT 162
STATE OF MONTANA,v.
BENJAMIN BREEDING,
The sole issue on appeal is whether the District Court lacked authority to impose a restitution obligation on Breeding for the body damage to the Jeep
we hold that the District Court lacked authority to require Breeding to pay restitution for damage to the Jeep which did not occur as a result of his offense of theft. Accordingly, the restitution obligation on Breeding’s sentence to cover the cost of the damage which occurred when Seghetti drove Smith’s vehicle into a haystack ($5,673.53) is illegal and must be reversed.