State v. Ramsey

OPINION

TOCI, Judge.

The primary issue we decide today is whether the language of the domestic violence statute, which requires prosecutorial concurrence with the judge’s decision to defer the entry of guilt, violates the separation of powers doctrine and, if so, whether the unconstitutional part may be severed. In addition, we must decide whether a biological parent whose parental rights have been legally severed is related within the second degree of consanguinity to her natural children so as to be entitled to deferred entry of judgment of guilt and probation under the domestic violence…