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In re KAP

550 N.W.2d 9 (1996)

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In re KAP

Minnesota Court of Appeals

550 N.W.2d 9 (1996)

Facts

KAP (defendant) was charged with second-degree murder for stabbing a man who had acted aggressively and followed KAP into his apartment building. At the time, KAP was 17 years old. KAP had two assault charges pending against him and a history of other fights and confrontations. A psychologist evaluated KAP and determined that he had anger and impulse-control issues. However, the psychologist also found that KAP had many positive traits, was unlikely to commit another murder in the future, was motivated to get rehabilitated, and might be successfully rehabilitated if he attended a treatment program for the next 3.5 years, until he turned 21. Further, if KAP were charged as a juvenile and did not successfully rehabilitate before turning 21, he would not necessarily be released at the end of his juvenile sentence. Rather, if KAP violated the terms of his rehabilitation program, the law allowed his juvenile sentence to be extended to an adult sentence, which was approximately 25.5 years. The juvenile court weighed all the factors and ruled that KAP should be charged as an adult. KAP appealed.

Rule of Law

Issue

Holding and Reasoning (Schultz, J.)

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