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Engstrom v. N.D. Department of Transportation
2011 ND 235
| N.D. | 2011
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Background

  • Humann was charged on June 27, 2008 with possession of materials prohibited for images of a minor found on his cell phone.
  • He pled guilty on February 3, 2009 and was sentenced to five years with all but one year suspended for five years after release.
  • After serving time, Humann was released on probation with conditions.
  • On February 22, 2011 the State petitioned to revoke his probation, alleging multiple violations including contacting minors and possessing images, among other misconduct.
  • At the revocation hearing Humann admitted all allegations; the State sought both probation revocation and mandatory sexual offender registration.
  • The district court revoked the suspended sentence and ordered Humann to register as a sexual offender; Humann challenged the registration on statutory grounds.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Interpretation of §12.1-32-15(2) on registration Humann argues the court failed to make required findings and registration was not mandated. State contends the court's order complied with the statute's requirements. Statute mandates registration; district court erred in applying (2)(b) but result still required registration.

Key Cases Cited

  • State v. Rubey, 2000 ND 119 (ND 2000) (statutory interpretation is a question of law fully reviewable on appeal)
  • State ex rel. K.B. v. Bauer, 2009 ND 45 (ND 2009) (correct result maintained despite district court's flawed reasoning)
  • Sanders v. Gravel Prods., Inc., 2008 ND 161 (ND 2008) (acknowledges deference to correct outcome under correct legal framework)
Read the full case

Case Details

Case Name: Engstrom v. N.D. Department of Transportation
Court Name: North Dakota Supreme Court
Date Published: Dec 13, 2011
Citation: 2011 ND 235
Docket Number: 20110166
Court Abbreviation: N.D.