State v. MacDonald
Annotate this CaseDefendant brought her seven-week-old son, John Doe, to a medical center for injuries. A jury later convicted Defendant of assault on a minor and aggravated assault. The district court ordered a change in parenting arrangements for John Doe as part of the criminal sentence despite pending dependency and neglect proceedings. As part of Defendant's sentence, the district court ordered Defendant to pay fees, costs, and surcharges without recording findings regarding Defendant's financial situation. The Supreme Court affirmed, holding (1) because Defendant had regained custody of John Doe through the civil proceeding, her claim regarding the imposition of a condition concerning the temporary custody of John Doe was moot; however, the statement in the court's written judgment that the father should be presumed to have custody of John Doe should not have been included in the criminal sentence; and (2) the district court acted within its discretion in imposing fees.
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