State v. Gutierrez

The State has moved to modify a commissioner's ruling vacating the juvenile court's sentencing of Miguel Gutierrez outside the standard range based on a finding of manifest injustice. It is contended the commissioner erred in (1) concluding the record does not support finding a manifest injustice, and (2) remanding the case for disposition within the standard range. We find no error and the motion to modify is denied.

Miguel Gutierrez, age 17, was found guilty of third degree possession of stolen property, a gross misdemeanor, for possessing a stolen carburetor. At the disposition hearing on…