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State v. Wilkie

Supreme Court of North Dakota

May 26, 2016

State of North Dakota, Plaintiff and Appellee
v.
Taylor Wilkie, Defendant and Appellant

          Appeals from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.

         Justin J. Schwarz, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.

         Chad R. McCabe, Bismarck, N.D., for defendant and appellant.

         Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Gerald W. VandeWalle, C.J. The Honorable Dale V. Sandstrom, J., disqualified himself subsequent to oral argument and did not participate in this decision.

          OPINION

Page 432

         Carol Ronning Kapsner, Justice.

          [¶1] Taylor Wilkie appeals from an order revoking bail and forfeiting bond after the district court found he violated a condition of the bond order relating to his arrest for a drug crime. Wilkie argues the court erred by requiring him to comply with his probation as a condition of the bond order. We conclude the bond conditions imposed against Wilkie were not erroneous and the court did not err in ordering forfeiture of the bond. We affirm.

         I

          [¶2] In March 2014, Wilkie was charged with felony possession of drug paraphernalia-methamphetamine and misdemeanor possession of drug paraphernalia-marijuana. He pled guilty to the crimes in August 2014 and was placed on supervised probation. Conditions of Wilkie's probation included not violating any laws and refraining from the use and possession of alcoholic beverages. Wilkie signed the appendix to the criminal judgment stating he fully understood each condition of his probation.

Page 433

          [¶3] In October 2014, Wilkie was arrested and charged with additional felony drug and weapons crimes, and the State subsequently petitioned to revoke his probation. At the initial appearance after Wilkie's arrest for the second crime, the district court issued a $10,000 cash bond order. The bond order required Wilkie to participate in the drug patch testing program and comply with all conditions of his probation. Wilkie's mother posted the $10,000 bond.

          [¶4] At the subsequent bond hearing, the court noted the State's petition to revoke Wilkie's probation filed in the earlier drug case. The court discussed the alleged probation violations, including failure to report to his probation officer, use of marijuana and methamphetamine, failure to comply with the drug patch program, and the recent felony drug and weapons charges. The court issued an amended $10,000 cash bond order to cover both criminal cases. The amended order also required Wilkie to comply with all conditions of his probation.

          [¶5] In January 2015, Wilkie violated the cash bond order for failing a drug patch test and failing to appear for a drug patch test. At the subsequent bond hearing, the district court issued an amended $11,000 cash bond order. The previously posted $10,000 bond was applied to the amended $11,000 cash bond order and required Wilkie to comply with his probation conditions. Wilkie's mother posted the additional $1,000 to satisfy the amended bond order.

          [¶6] Following the bond hearing, the State moved to revoke bail and forfeit bond, stating Wilkie violated his probation and the bond conditions by admitting to possessing and consuming marijuana. The district court issued an order revoking bail and directed the clerk of court to execute a bench warrant for Wilkie's arrest. The order also granted Wilkie an opportunity for a hearing to set aside the bond forfeiture.

          [¶7] In February 2015, Wilkie appeared before the district court on the bench warrant and for another violation of the cash bond order for failing to appear for a drug patch test. The parties informed the court the previous $11,000 cash bond had been revoked pending a forfeiture hearing. The court issued an amended $10,000 cash bond order. The other bond conditions, including participation in the drug patch testing program and compliance with probation conditions, remained the same. Wilkie's father posted the $10,000 bond.

          [¶8] At the bond forfeiture hearing, the district court noted that of the $21,000 paid for Wilkie's bond, his mother paid $11,000 and his father paid $10,000. The $11,000 paid by Wilkie's mother was subject to forfeiture under the January 2015 order revoking bond. Wilkie's mother testified she wanted the bond money she paid returned to her. The court returned the $11,000 to Wilkie's mother and issued an amended $21,000 cash bond order. The $10,000 bond previously posted by Wilkie's father was applied to the amended $21,000 cash bond order and required Wilkie to comply with his probation conditions. Wilkie's father posted the additional $11,000 to satisfy the amended bond order.

          [¶9] In May 2015, the State moved to revoke bail and forfeit bond, stating Wilkie violated his probation and the bond conditions by admitting to possessing and consuming alcohol. The district court issued an order revoking bail and granted Wilkie an opportunity for a hearing to set aside the bond forfeiture.

          [¶10] At the forfeiture hearing, the district court noted that in addition to consuming alcohol as indicated in the

Page 434

State's forfeiture motion, Wilkie violated the drug patch testing program by failing to appear for a drug patch test while the hearing was pending. Wilkie's attorney requested the bond money posted by Wilkie's father be returned to him. Wilkie's attorney also requested that Wilkie's father be allowed to testify at the hearing. The court did not allow Wilkie's father to testify, found Wilkie violated the bond order, and ordered forfeiture of the bond.

         II

          [¶11] Wilkie argues the district court erred by requiring him to comply with the provisions of his probation related to the first drug crime as a condition of the cash bond ...


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