State v. Black

[¶ 19] I respectfully dissent. The Court today adopts, as a matter of policy, a new requirement that courts, in imposing terms of probation, state the reasons for selecting the particular term of probation imposed. The Court’s action changes a practice that has prevailed for the thirty-two years since adoption of the Criminal Code. To achieve its policy objective, the Court ignores significant and prudent constraints imposed by our appellate jurisprudence.

[¶ 20] This opinion reviews five constraints of appellate jurisprudence that are particularly relevant to this appeal. It

*728discusses Black’s…