State v. Leslie Jon Claassen
2012 MT 313
| Mont. | 2012Background
- Claassen was charged in 2004 with Sexual Abuse of Children (felony) and pled guilty in 2005 under a plea agreement.
- A psychosexual evaluation rated Claassen as Level 1 with low risk; PSI recommended outpatient treatment.
- At sentencing, the court imposed a seven-year DOC sentence with two years suspended and required avoidance of pornography; oral pronouncement designated Level 1, but the written judgment did not reflect the level.
- Claassen completed his term and began suspension in 2010; a home visit in December 2010 revealed Claassen possessing child pornography and he was terminated from treatment.
- Dr. Bakko recommended elevating Claassen to Level 3; the State later petitioned to revoke the suspended sentence in January 2011; Claassen pled guilty in federal court and received a 20-year sentence consecutive to any state sentence.
- In January 2012, the district court held a revocation hearing, revoked the suspended sentence, and designated Claassen as Level III; no new PSI or psychosexual evaluation was ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether elevating from Level 1 to Level 3 upon revocation was lawful | Claassen argues the court lacked authority to raise the level without a new PSI/evaluation. | State contends revocation authority allows upgrading level if supported by evidence and consistent with statutes. | Yes; court could designate Level III without a new PSI under 46-18-203. |
Key Cases Cited
- State v. Roberts, 356 Mont. 290, 233 P.3d 324 (2010 MT 110) (revocation standards; applies to suspended sentence revocation)
- State v. Samples, 347 Mont. 292, 198 P.3d 803 (2008 MT 416) (liberty interests in sex offender tier designation)
- State v. Lane, 288 Mont. 286, 957 P.2d 9 (1998 MT 76) (oral sentence controls when in conflict with written judgment)
- State v. Kroll, 322 Mont. 294, 95 P.3d 717 (2004 MT 203) (oral judgment governs when there is a discrepancy with written judgment)
- State v. Seals, 336 Mont. 416, 156 P.3d 15 (2007 MT 71) (revocation framework for suspended sentences)
- State v. Haagenson, 356 Mont. 177, 232 P.3d 367 (2010 MT 95) (revocation statutory interpretation context)