State v. Montgomery

Terrance Montgomery appeals from an order denying his motion to dismiss a criminal proceeding. He argues that the state’s failure to initiate proceedings for an offense he allegedly committed while a juvenile until after he turned eighteen was due to negligence or to a manipulative intent to avoid juvenile court jurisdiction.

We conclude that we erred when we previously remanded this case for a hearing. Since the parties had stipulated that the delay in prosecution was due to prosecutorial negligence and the trial court accepted the stipulation, no hearing was necessary. We conclude that…