Disciplinary Board v. Lawler
2012 ND 161
N.D.2012Background
- Perales pleaded guilty to class AA felony gross sexual imposition involving a 13-year-old (2006 offense).
- Initial sentence: 10 years with credit time served, fully suspended on 5 years’ supervised probation (2007).
- Second probation revocation (2008) led to resentencing: 10 years with 3.5 years suspended for 5 years’ probation.
- State petitioned to revoke probation again (Dec. 2011); witnesses included victim and officer; Perales admitted to some violations (Feb. 2012) and the court found a sexual relationship with a minor.
- Amended judgment (Feb. 2012) resentenced Perales to 14 years imprisonment with 5 years’ supervised probation; the court later reversed and remanded for further proceedings.
- Court reverses, concluding the district court lacked authority to impose a third five-year probationary period after two revocations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court could impose a third probationary period | State: two probation periods allowed; could order unserved portion of prior term. | Perales: only two probation periods permitted; third violated statute. | No; court exceeded authority by imposing third probation period. |
| Whether the court could resentence after probation revocation | State: sentence available under 12.1-32-02/09 at time of initial sentencing; could resentence. | Perales: no further probation after second revocation; improper extension. | Court could not impose third probation; remand for resentencing. |
| Whether the sentence violated Eighth Amendment (cruel and unusual punishment) | State did not contest potential disproportion, focus on legality. | Perales: sentence grossly disproportionate. | Not decided; remanded for resentencing on other issue. |
Key Cases Cited
- State v. Stavig, 711 N.W.2d 183 (ND 2006) (interprets 'an' additional probation period; two-period maximum under 12.1-32-06.1(2)/(5))
- Davis v. State, 625 N.W.2d 855 (ND 2001) (defines limits on resentencing after probation violation)
- State v. Cummings, 386 N.W.2d 468 (ND 1986) (principles of statutory interpretation in sentencing/appeals)
- State ex rel. Stenehjem v. FreeEats.com, Inc., 712 N.W.2d 828 (ND 2006) (disjunctive 'or' creates alternatives in probation/resentencing)