we hold that the District Court exceeded its statutory authority by

2001 MT 101
STATE OF MONTANA,v.
ROBERT SETTERS,

The issues on appeal are:
1. Whether the District Court erred in requiring Setters to pay restitution.
2. Whether the District Court properly considered Setters' ability to pay when it
established the amount of restitution.
3. Whether the District Court erred in assessing a penalty in addition to restitution.
Section 46-18-202(1)(e), MCA (1997), provides that a sentencing court may impose
any condition or restriction "reasonably related to the objectives of rehabilitation and the protection of the victim and society." However, in interpreting that provision in State v. Ommundson, 1999 MT 16, , 293 Mont. 133, 974 P.2d 620, we held that a sentencing limitation or condition must have some correlation or connection to the
underlying offense for which the defendant is being sentenced. There is no suchcorrelation or connection in this case between Setters' conviction on the tampering charge and ordering him to pay restitution to DPHHS for his alleged theft of public assistance benefits. Consequently, the District Court's order did not meet the statutory requirements for the imposition of restitution on a suspended sentence.
Accordingly, we hold that the District Court exceeded its statutory authority by
ordering Setters to pay restitution for a dismissed count as a condition of his sentence.
Hence, we reverse the determination of the District Court as to restitution and we order that portion of Setters' sentence vacated.