from the District Court of Eddy County, Southeast Judicial
District, the Honorable James D. Hovey, Judge.
L. Lies, State's Attorney, New Rockford, ND, for
plaintiff and appellee.
A. Gereszek, East Grand Forks, MN, for defendant and
Amanda Dockter appeals from an order revoking her probation.
We conclude the district court did not abuse its discretion
in revoking Dockter's probation. We affirm the order and
remand to the court to correct the period of supervised
probation from five years to three years as required by
N.D.C.C. § 12.1-32-06.1(2).
Dockter was initially charged with corruption or solicitation
of a minor in Eddy County. In November 2017, the State
amended the charge against Dockter to include abuse or
neglect of a child, a class C felony. On November 9, 2017,
Dockter pled guilty in Eddy County to the child neglect
charge under N.D.C.C. § 14-09-22.1 and was committed to
the Department of Corrections and Rehabilitation for a term
of one year and one day with 336 days suspended and placed on
supervised probation for a period of five years. Dockter was
ordered to report to the Stutsman County Correctional
Facility for the period of confinement on January 1, 2018.
She finished serving her 30-day jail sentence on the child
neglect charge on January 28, 2018.
In January 2019, Dockter's probation officer petitioned
to revoke her probation, alleging she had tested positive for
methamphetamine on November 30 and December 22, 2017, and was
convicted of five other criminal charges in Stutsman County
on January 14, 2019, including child neglect and felon in
possession of a firearm.
At a February 14, 2019 probation revocation hearing, Dockter
admitted she engaged in the conduct alleged in the petition
to revoke and argued about the disposition. The district
court found she violated the conditions of her probation. The
court issued an order revoking her probation and committing
her to the Department of Corrections and Rehabilitation for
one year and one day with credit of 31 days for time served
with supervised probation for five years.
Dockter initially claims the originally imposed sentence was
illegal under N.D.C.C. § 12.1-32-06.1(2), because the
period of supervised probation was for five years and not
three years as required by that statute. The State concedes
the district court erred in initially sentencing Dockter to
five years of supervised probation under N.D.C.C. §
12.1-32-06.1(2) and does not object to remanding to correct
the illegal sentence consistent with the three-year period
for supervised probation for "any other felony
offense" in that statute. See State v. Isom,
2018 ND 60, ¶¶ 10, 17, 907 N.W.2d 340 (holding
five-year supervised probation for felony offense falling
within "any other felony offense" language of
N.D.C.C. § 12.1-32-06.1(2) was illegal and reversing and
remanding for sentencing consistent with the three-year
maximum under that statute). Dockter pled guilty to child
neglect under N.D.C.C. § 14-09-22.1, an "other
felony offense" under N.D.C.C. § 12.1-32-06.1(2),
and as in Isom, at ¶¶ 10, 17, a remand is
necessary for sentencing consistent with the three-year
maximum period for probation under that statute.
Dockter argues the district court erred in finding she
violated the terms of her probation because her probation did
not start until she was released from incarceration on
January 28, 2018, and all the alleged probation violations
occurred before that date. She claims any conduct before she
was placed on probation was not governed by the terms of her
At the revocation hearing, Dockter admitted the probation
violations and indicated there was "just going to be
some argument on disposition." She asked the court to
look at the time line and consider not revoking her probation
and sentencing her to a period of incarceration because since
her release from jail she has been complying with all
conditions of probation. During oral argument to this ...