Sentence imposed by Judge Post vacated

GRAND HAVEN, Mich. (WOOD) - The shoplifting sentence imposed on a GVSU student by Judge Kenneth Post in 2011 was vacated Monday when a circuit court judge ruled Post did not give a reason for the sentence he imposed.

Judge Jon Van Allsburg ruled that Michigan sentencing policy requires a judge to give reasons for a particular sentence, and that includes not allowing the Holmes Youthful Trainee Act to be used.

--Read the full decision (pdf) --

That act "allows a judge to place a youth between 17 and 20 who is alleged to have committed a crime and who has pleaded guilty to that crime to be placed in prison or on probation without a conviction to avoid a criminal record."

In this case, the GVSU student -- who was an 18-year-old freshman at the time of the case in early 2011 -- was sentenced by Judge Post to a $250 fine. But his attorney immediately appealed the sentence, claiming the Holmes act could have and should have been used. Without it, the student would continue to have a criminal record.

Post has been under fire for refusing to use the Holmes act in sentencing, especially with minor-in-possession charges against GVSU students.

The ruling means post will have to resentence the shoplifting student.

It will also likely have an effect on cases moving forward, and will force Post to give reasons why he isn't using the Holmes act option.

"Hopefully, this will be a reminder to him of the factors he's supposed to be considering, and hopefully he'll actually do so going forward," said attorney Matthew DeLange, the attorney who appealed the ruling.

But it will not likely affect past cases, since attorneys would have to appeal at the time the case was ongoing.

24 Hour News 8's Joe LaFurgey contributed to this report.

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Online:

Read the full decision by Judge Jon Van Allsburg (pdf) -- http://woodtv.triton.net/news/HYTA_Appeal_Order.pdf