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