2008 MT 83
STATE OF MONTANA,v.
EUGENE HOWARD ASHBY,
Did the District Court err in forbidding Ashby from consuming or possessing intoxicants and alcohol and from gambling or frequenting casinos?
Having determined that the alcohol restriction is not “reasonably related” to Ashby’s crime of writing bad checks nor is it necessary to promote rehabilitation since Ashby does not have a history of significant or chronic alcohol or drug abuse, we reverse and remand with instruction to the District Court to strike this condition from Ashby’s sentence. However, we affirm the inclusion of the gambling restriction for the reasons set forth above.
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