Washington V. Mcdowell
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Descrição da editora
When a juvenile refuses to enter a diversion program on a complaint alleging a misdemeanor and the case is referred back to the prosecutor for filing, does the prosecutor have discretion to file a felony information? If the juvenile is then found to have committed the felony, is the sentencing court's discretion limited to imposing terms allowed under a diversion program? We hold that, under the circumstances of this case, the prosecutor's discretion was properly exercised. We further find that appellant McDowell's sentence is valid.