Opinion
No. DA 12–0589.
2013-09-17
STATE of Montana, Plaintiff and Appellee, v. Crystal Lee LUNDBERG, Defendant and Appellant.
¶ 15 We have determined to decide this case pursuant to Section I, Paragraph 3(d) of our Internal Operating Rules, which provides for noncitable memorandum opinions. Issue 1 presents a legal issue that is controlled by settled Montana law which the District Court correctly interpreted. Issue 2 was not preserved for appellate review. Issue 3 presents a legal issue which the District Court incorrectly interpreted. We therefore remand this issue to the District Court for a determination on the record of Lundberg's ability to pay counsel fees.