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Court Errs in Granting HYTA Probation

People v. Jenkins, Michigan Court of Appeals (Unpublished)

Holding that the trial court assigned defendant to youthful trainee status in violation of MCL 762.11(1), the court reversed his assignment to that status and remanded for resentencing. He was charged with CCW. He pled guilty to attempted CCW “in exchange for a sentence of 18 months’ probation and 40 hours of community service.” But the trial court decided at the sentencing hearing to sentence him under the HYTA. The court noted that under MCL 762.11(1), an otherwise eligible defendant committing a crime on or after his 21st “birthday ‘shall not be assigned to youthful trainee status without the consent of the prosecuting attorney.’” It was undisputed that the trial court did not obtain this consent. Further, the prosecutor objected after the trial court made its ruling. The court held that the trial court abused its discretion in assigning him to HYTA status where his plea agreement did not provide for it, “his age at the time he committed the charged offense prohibited [it] from assigning him to HYTA status without the” prosecutor’s consent, and the prosecutor did not give his consent. Under the circumstances, the trial “court lacked the power to assign defendant to HYTA status.”

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