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State of North Dakota v. Kenneth Lynn Eide

July 12, 2012

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
KENNETH LYNN EIDE, DEFENDANT AND APPELLANT



Appeal from the District Court of Pembina County, Northeast Judicial District, the Honorable Laurie A. Fontaine, Judge.

The opinion of the court was delivered by: Sandstrom, Justice.

N.D. Supreme Court

State v. Eide,

2012 ND 129

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED IN PART AND REVERSED IN PART.

Opinion of the Court by Sandstrom, Justice.

[¶1] Kenneth Eide appeals from a district court order denying his motion to correct illegal sentences under N.D.R.Crim.P. 35(a) after the court discharged him from civil commitment as a sexually dangerous individual and amended five criminal judgments against him on December 27, 2010. We affirm the order to the extent the court did not amend three of the criminal judgments on December 27, 2010, and we reverse the order to the extent the court amended five of the criminal judgments on December 27, 2010, because the court did not provide Eide with notice before modifying his probation. On January 3, 2011, the court amended at Eide's request one of the three judgments it did not amend on December 27, 2010, extending his probation for five years after the expiration of his original probationary period. Eide remains on probation under the terms of the court's January 3, 2011, order.

I

[¶2] In August 2001, in exchange for the State's dismissing charges against Eide in district court case numbers 34-01-K-00158 through 34-01-K-00162, Eide pled guilty to four counts of gross sexual imposition in case numbers 34-01-K-00154 through 34-01-K-00157, class A felonies; one count of gross sexual imposition in case number 34-01-K-00153, a class B felony; and one count of attempted sexual assault in case number 34-01-K-00163, a class C felony. The court sentenced Eide to eleven years in prison with five years suspended while he was on supervised probation for five years for each of the class A felonies. The court sentenced him to ten years in prison with five years suspended while he was on supervised probation for five years for the class B felony, and five years in prison for the class C felony. The court ordered the six sentences to run concurrently. Additionally, in March 2002, Eide pled guilty to two counts of gross sexual imposition in case number 34-01-K-00352, class A felonies. For each count, the district court sentenced him to ten years in prison with forty-four months suspended while he was on supervised probation for five years.

[¶3] In June 2006, before his scheduled June 17, 2006, release from prison, Eide was civilly committed as a sexually dangerous individual under N.D.C.C. ch. 25-03.3. On December 27, 2010, the district court discharged Eide from commitment as a sexually dangerous individual and amended five of the criminal judgments, ordering him to remain on probation for five years after his discharge from civil commitment. Under the original judgments, Eide's five years of supervised probation would have ended in June 2011. Instead, by amending five of the original criminal judgments in case numbers 34-01-K-00153 through 34-01-K-00157 to reflect the time Eide spent civilly committed, the district court ordered him to serve five years of supervised probation after his discharge from civil commitment in December 2010.

[¶4] On January 3, 2011, Eide petitioned the district court under district court case number 34-01-K-00352 to extend his probationary period for five years after the expiration of his original probationary period. Eide stated in his petition that as a result of the original judgments, he would be unable to pay the balance of fees imposed by the district court before his original probationary period was to end, which would subject him to a potential probation violation. The district court granted Eide's petition that day and ordered his probationary period to be extended for five years.

[ΒΆ5] In June 2011, Eide moved to correct illegal sentences under N.D.R.Crim.P. 35(a), arguing the district court "usurped its authority" by amending the criminal judgments on December 27, 2010. The district court amended five judgments in case numbers 34-01-K-00153 through 34-01-K-00157 in its December 27, 2010, order. In his motion, however, Eide included case numbers 34-01-K-00158 through 34-01-K-00162, which previously had been dismissed by the State in exchange for his guilty pleas; case number 34-01-K-00163, which had an expired sentence; and case number 34-01-K-00352, for which the district court had previously extended Eide's probationary period by five years at Eide's request. The State, through the then-Pembina County State's Attorney, did not respond to Eide's motion or Eide's subsequent reply brief. The district court denied Eide's motion, ...


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