Bailey error, no restitution to dismissed counts

2000 MT 100 check
STATE OF MONTANA,v.
CHARLES ROCKWOOD HORTON
1. Whether the District Court exceeded its statutory authority by ordering Horton to pay restitution for a dismissed count.
2. Whether the District Court abused its discretion by ordering Horton to pay restitution without first considering his financial resources and future ability to pay.
3. Whether the District Court erred when it failed to credit Horton with time served in
its written judgment after having allowed the credit in its oral pronouncement of sentence.
Because we hold in issue 1 that the District Court exceeded its statutory authority by ordering Horton to pay restitution for a dismissed count, it is unnecessary for us to address the question in issue 2 of Horton's ability to pay said restitution.
Because we hold in issue 1 that the District Court exceeded its statutory authority by ordering Horton to pay restitution for a dismissed count, it is unnecessary for us to address the question in issue 2 of Horton's ability to pay said restitution.