State v. Smith

Brazil, J.:

Shane L. Smith appeals the denial of presumptive probation or assignment to community corrections following his first adult felony convictions. Smith contends the district court erred in holding that the statutory presumptions favoring probation and community corrections were inapplicable when a de*298fendant’s prior juvenile convictions would have been felonies if committed by an adult. Smith also contends the court abused its discretion in denying probation or assignment to community corrections by only considering Smith’s prior juvenile convictions. We vacate and remand for…