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State v. Klein

Supreme Court of North Dakota

July 31, 2014

State of North Dakota, Plaintiff and Appellee,
v.
Chad M. Klein, Defendant and Appellant

Appeal from the District Court of McLean County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

Ladd R. Erickson, State's Attorney, Washburn, N.D., for plaintiff and appellee; submitted on brief.

Chad M. Klein, Jamestown, N.D., defendant and appellant; submitted on brief.

Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom. Opinion of the Court by VandeWalle, Chief Justice.

OPINION

Page 160

VandeWalle, Chief Justice.

[¶1] Chad Klein appealed from a district court order denying his motion to correct his sentence. Because the court acted within statutorily prescribed sentencing limits, we conclude the court did not err in denying Klein's motion to correct his sentence. We affirm.

I

[¶2] In 2000, Klein was convicted of gross sexual imposition, a class A felony. The district court sentenced him to 20 years in prison with eight years suspended for a period of five years after release from incarceration, during which time Klein would be on supervised probation. The criminal judgment also incorporated an Appendix A, providing for conditions of his probation.

[¶3] In January 2012, the State petitioned to revoke Klein's probation for failing to complete the sex offender treatment program while in prison. On February 24, 2012, the district court entered a new Appendix A, revising Klein's probation conditions. On February 29, 2012, the State moved the court to dismiss the revocation petition on grounds Klein had not been offered the treatment in prison for which he was being revoked, and, on the same day, the court entered an order granting the State's motion to dismiss the petition.

[¶4] In August 2012, the State again petitioned to revoke Klein's probation. After a hearing, the district court found Klein had violated the conditions of his probation. On October 30, 2012, the court entered an amended judgment revoking Klein's probation and resentencing him to the original terms and conditions of the criminal judgment, and subject to the terms and conditions set forth in the Appendix A. The court essentially revoked Klein's probation and reinstated his supervised probation.

[¶5] In March 2013, the State again petitioned to revoke Klein's probation. In April 2013, the district court held a hearing on the petition and made specific findings on the record regarding the petition's allegations, finding Klein had again violated conditions of his probation. On April 30, 2013, the court entered a second amended criminal judgment, revoking

Page 161

Klein's probation and resentencing him to serve the remaining eight years of ...


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