In the Matter of H.C.R., A Youth

Summary

The Montana Supreme Court held that the State breached a sentencing stipulation by seeking a custodial sentence after agreeing to transfer the youth's supervision to adult probation upon a violation. 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 Department of Corrections custody instead of adult probation supervision, and the Youth Court abused its discretion by failing to require the State to comply with the stipulation incorporated into the 2004 Order.

Questions Presented

1. Whether the State breached the sentencing stipulation by seeking a custodial sentence rather than adult probation supervision after H.C.R. violated the conditions of the 2004 Order.
2. Whether the Youth Court erred by imposing a sentence greater than the original sentence.

Disposition

reversed_and_remanded