In re A.M.M.-H.

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A.M.M.-H. was sentenced in an extended juvenile jurisdiction proceeding in which he was given both a juvenile sentence and an adult sentence. The adult sentence was stayed pending successful completion of his juvenile sentence. After A.M.M.-H. violated the terms of conditional release on his juvenile sentence the district judge revoked conditional release and ordered A.M.M.-H. to serve his adult prison sentence. The court of appeals affirmed the district court. The Supreme Court reversed, holding (1) in this case, the district judge had discretion to determine whether A.M.M.-H.’s violation of the terms of conditional release warranted revocation of the stay of the adult sentence; and (2) because the record was unclear as to whether the district judge knew he had discretion not to execute the adult sentence upon a finding of violation of the terms of A.M.M.-H.’s conditional release, the case must be remanded for reconsideration of the State’s motion to revoke. View "In re A.M.M.-H." on Justia Law