State v. D. Zavala ( 2020 )

07/29/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0281 DA 19-0281 STATE OF MONTANA, ALE Plaintiff and Appellee, JUL 2 8 2020 Bowen Greenwood Clerk of Supreme Court v. O R D E Itete C3f m.ntan. DARRION LEE KRISTOPHER ZAVALA, Defendant and Appellant. The parties, in accordance with M.R. App.P. 16(5), stipulate and move for an order remanding this proceeding to the district court with instructions to issue an amended judgment that (1) adds a requirement to review Zavala's sentence under the Criminally Convicted Youth Court Act(CCYA)prior to turning age 21, and(2)strikes Condition 13(f) that imposed $800.00 in counsel costs. The parties agree to dismissal ofthe remainder ofthe appeal with prejudice. Zavala, at age 16, was charged in the Thirteenth Judicial District Court, Yellowstone County, as an adult with Sexual Intercourse Without Consent. At sentencing, the District Court orally pronounced,"The Court is going to require that your sentence be reassessed at age 21." This oral order was consistent with the terms ofthe CCYA. Section 41-5-2503(2), MCA. Zavala's written judgment, however, did not contain the District Court's oral order. Also at sentencing, the District Court imposed $800.00 in counsel costs without inquiring ofZavala's ability to pay. Zavala is an incarcerated youth and maintains he lacks the ability to pay counsel costs. Based upon the parties' stipulation, IT IS HEREBY ORDERED that this matter is remanded to the District Court with instructions to issue an amended judgment that(1) adds a requirement to review Zavala's sentence prior to age 21 pursuant to the CCYA, and (2) strikes $800.00 in counsel costs imposed Condition 13(f) in the judgment. IT IS FURTHER ORDERED that this appeal is DISMISSED WITH PREJUDICE. The Clerk is directed to provide copies ofthis ord.er to all counsel of record and the Clerk ofthe District Court. THE CLERK OF THE DISTRICT COURT IS DIRECTED TO SEND A CERTIFIED COPY OF THE AMENDED JUDGMENT TO THE RECORDS DEPARTMENT OF THE DEPARTMENT OF CORRECTIONS. DATED this 7- Clay ofJuly, 2020. Chief Justice f•Cille...•=1.•= 1 1/1310 Justices