Opinion
PR 22-0004
07-26-2022
STATE OF MONTANA, Plaintiff and Appellee, v. GINA DELIGHT KRUEGER, Defendant and Appellant.
ORDER
Pursuant to M. R. App. P. 16(5), the parties in this matter have stipulated and move for an order remanding this proceeding to the First Judicial District Court, Lewis and Clark County, and dismissing the remainder of this appeal with prejudice.
The parties agree that at sentencing, the District Court did not impose victim witness fees under § 46-18-23 6(1)(c), MCA. However, the written judgment includes a $200 charge for victim witness fees. The parties agree that it is in the best interests of justice and efficiency for this Court to remand this matter to the District Court to strike this surcharge from the written judgment. Appellant Gina Delight Krueger has agreed to dismiss the remainder of this appeal with prejudice.
IT IS THEREFORE ORDERED that this case is REMANDED to the First Judicial District Court in its Cause No. DDC 20-294 for entry of an amended judgment and sentence. The court is directed to STRIKE the $200 victim witness fee under § 46-18-236(1)(c), MCA, from the written judgment.
IT IS FURTHER ORDERED that the remainder of this appeal is DISMISSED WITH PREJUDICE.
The Clerk is directed to provide copies of this Order to all counsel of record, to the Clerk of Court for Lewis and Clark County, and to the Honorable Christopher Abbott, presiding District Judge.