State v. Patterson, 384 P.3d 92

In 2013 Patterson and co-defendant Jesse King burglarized storage units and stole firearms and other items; some firearms were later recovered from pawn shops and Patterson’s sister.
Patterson and King pled guilty to two counts of burglary; restitution was to be jointly and severally assessed.
At plea/sentencing the parties initially agreed to $23,762 in restitution, but the presentence report added a $1,300 claim from Cash One Pawn and victim Ralph Tracy submitted an additional itemized $5,039.94 claim.
Tracy testified he traveled from Nevada and spent 84 hours searching pawnshops across Montana, claiming lost wages ($2,520), mileage ($1,010), copying costs ($9.94), and $1,500 for damage to recovered firearms.
The District Court accepted Tracy’s itemized claims and Cash One Pawn’s $1,300, ordering total restitution of $28,592 jointly and severally against Patterson and King.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the District Court erred in awarding Tracy’s claimed lost wages, mileage, copying costs, and property-damage as restitution	State: These items are pecuniary losses recoverable under § 46-18-243(1)(a)/(d) and conversion law (§ 27-1-320) because they were incurred in pursuing and recovering property	Patterson: Barrick and other authorities limit recoverable conversion damages; many such expenses are litigation-related or were already included in the earlier restitution figure and thus not properly added	Court affirmed: lost wages, mileage, copying costs, and damage to property were compensable as pecuniary loss under the statutes and supported by substantial evidence
Whether the $1,300 Cash One Pawn claim could be added after the parties’ earlier restitution discussion	State: The pawn claim was received after initial figure; because pleas were open, court could consider additional restitution	Patterson: Prior agreement/figure foreclosed later addition; improper to expand restitution at sentencing	Court affirmed: district court properly considered the late-submitted pawn claim and included it in restitution total

State v. Barrick, 378 Mont. 441, 347 P.3d 241 (Mont. 2015) (interpreting restitution and conversion limits on recovery of lost wages incurred in cooperating with prosecution)
Gladstone v. Hillel, 250 Cal. Rptr. 372 (Cal. Ct. App. 1988) (expenses incurred in preparation for litigation are not recoverable as time/money spent in pursuit of converted property)
Harwood State Bank v. Charon, 466 N.W.2d 601 (N.D. 1991) (attorney fees and litigation-related expenses are not recoverable under conversion’s "time and money properly expended in pursuit of the property")