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State v. Glaser

Supreme Court of North Dakota

February 12, 2015

State of North Dakota, Plaintiff and Appellee
v.
Gary Michael Glaser, Defendant and Appellant

Page 921

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.

M. Jason McCarthy (argued), Assistant State's Attorney, and Megan J. Kvasager (on brief), under the Rule on Limited Practice of Law by Law Students, Grand Forks, ND, for plaintiff and appellee.

Lee M. Grossman, Valley City, ND, for defendant and appellant.

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

OPINION

Page 922

Kapsner, Justice.

[¶1] Gary Glaser appeals from a criminal judgment entered after he pled guilty to indecent exposure. We conclude the district court did not abuse its discretion in ordering Glaser to register as a sex offender. We affirm.

I

[¶2] Glaser was charged with indecent exposure, a class A misdemeanor. He allegedly pulled up to a stranger walking on a sidewalk, stopped his vehicle, and exposed his penis to the victim. Glaser initially pled not guilty. After being provided a court-appointed attorney, he entered a guilty plea.

[¶3] At the sentencing hearing, Glaser argued he should not have to register as a sex offender because he had no prior criminal history as a sex offender, he did not exhibit any mental abnormality or predatory conduct, and the victim was not a minor. The State argued his conduct met the statutory definition of predatory conduct because it was directed at a stranger. The district court agreed with the State and determined Glaser was required to register. Glaser also received a sentence of one year, with nine months suspended, and he was placed on probation for two years.

II

[¶4] On appeal, Glaser argues the district court abused its discretion by ordering him to register as a sex offender. He also argues the district court committed obvious error by violating N.D.R.Crim.P. 11(b)(3) because it failed to determine a factual basis for his guilty plea.

[¶5] A district court is afforded the widest range of discretion regarding sentencing, and this Court's review of an imposed sentence focuses only on whether the lower court acted within the statute's limits or if it substantially relied on an impermissible factor. State v. Wardner, 2006 ND 256, ¶ 27, 725 N.W.2d 215.

[¶6] Glaser argues on appeal the definition for " sexually predatory conduct" found in N.D.C.C. § 25-03.3-01(9), the state's civil commitment law, is controlling over the definition of " predatory" in N.D.C.C. § 12.1-32-15(1)(d), the state's sex offender registration law. We disagree.

[¶7] Glaser was charged with indecent exposure in violation of N.D.C.C. § 12.1-20-12.1(1)(b) which states, " A person, with intent to arouse, appeal to, or gratify that person's lust, ...


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