State v. Rice

(dissenting)—Daniel Rice was a 16-year-old juvenile who was found guilty of criminal trespass in the first degree, a misdemeanor. The other defendant, 13-year-old Monte Sanchez, pleaded guilty to unlawful assault, also a misdemeanor. If the juveniles had been adults, the maximum sentence they could have received would have been 90 days. Because they were juveniles, however, the court sentenced them to confinement in a correctional institution for 1 year. The majority, by its opinion, sanctions this unconstitutional sentence. I would remand, with instructions to reduce the sentence to 90 days.

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