State v. Klein, 851 N.W.2d 159

Klein was convicted in 2000 of gross sexual imposition, sentenced to 20 years with 8 years suspended for 5 years on supervised probation, and Appendix A set probation conditions.
In 2012 and 2013 Klein faced multiple revocation petitions for probation violations, resulting in amended judgments and resentence proceedings.
February 2012: court revised Appendix A; February 2012 order dismissed the revocation petition for lack of prison-based treatment offer, not a probation revocation.
October 2012: court revoked probation, resentencing Klein to the original eight years and reinstating supervised probation under amended terms.
April 2013: petition to revoke probation led to a second amended judgment, resentencing Klein to serve the remaining eight years; Klein moved to correct an illegal sentence in October 2013.
District court denied the motion, concluding Klein could be sentenced within statutory limits and that he had not been subjected to a third probation period.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether April 2013 sentence was illegal under Perales/Stavig.	Klein contends he had already received two probation terms and thus third term was illegal.	State argues Perales/Stavig do not apply; Klein was not given a third probation term.	Sentence not illegal; within statutory limits.
Whether January–February 2012 actions constituted a new probation term or a modification.	Klein argues it created a second probation term; January 2012 revocation petition was improperly dismissed.	State contends it was a modification of conditions, not a new probationary term.	Proceedings were modifications, not a new probation term.
Whether the district court erred in interpreting the probation statutes relative to multiple revocations.	Klein asserts he was subjected to multiple illegal probation terms.	State maintains two terms and a straight-time sentence; no third term breached.	No error; two terms only, within bounds.

State v. Eagleman, 831 N.W.2d 759 (ND 2013) (legal standard for illegal sentences and Rule 35 considerations)
State v. Perales, 820 N.W.2d 119 (ND 2012) (two probation terms rule in sentencing)
State v. Stavig, 711 N.W.2d 183 (ND 2006) (probation terms and resentencing framework)
State v. Gates, 540 N.W.2d 134 (ND 1995) (probation modification authority prior to expiration)
State v. Wardner, 725 N.W.2d 215 (ND 2006) (definition of sentencing and resentencing terminology)