In re H.C.R.

Summary

The Montana Supreme Court held that the State breached a sentencing stipulation by seeking a custodial sentence rather than adult probation after H.C.R. violated sentencing conditions. The court reversed and remanded for resentencing in accordance with the stipulation incorporated into the Youth Court’s prior order.

Holdings

1. The State breached the sentencing stipulation by seeking a custodial Department of Corrections sentence instead of petitioning for transfer to district court and adult probation supervision as agreed.
2. Because the Youth Court approved and incorporated the sentencing stipulation into the 2004 Order, H.C.R. was entitled upon resentencing to receive the sentence specified by the parties' approved stipulation.

Questions Presented

1. Whether the State breached the sentencing stipulation, incorporated into the Youth Court's 2004 Order, by seeking a custodial sentence rather than adult probation supervision after H.C.R. violated the order.
2. Whether the Youth Court imposed an illegal sentence greater than the original sentence.

Disposition

reversed_and_remanded