State v. William Dee Van Komen, Jr.

EISMANN, Justice.

This is an appeal out of Kootenai County from an order relinquishing jurisdiction following a period of retained jurisdiction and requiring the defendant to serve a prison sentence because the defendant asserted his constitutional right to remain silent regarding an unrelated felony. We vacate the order of the district court and remand this case for further proceedings.

I

Factual Background.

For the felony offense of possession of marijuana with the intent to deliver, the district court on June 17, 2010, sentenced William Dee Van Komen, Jr. (“Defendant”) to five years in the…