State v. Perales
820 N.W.2d 119
N.D.2012Background
- Perales pled guilty in 2006 to engaging in a sexual act with a 13-year-old, a class AA felony, and was sentenced Aug. 17, 2007 to 10 years with probation; entire sentence suspended.
- In June 2008 the State sought probation revocation; at a July 2008 hearing, Perales admitted to several violations and the court revoked probation, resentencing him to 10 years with five years’ probation.
- In December 2011 the State again petitioned to revoke probation; at a Feb. 2012 hearing Perales admitted failing to update sex-offender registration and drinking, among other allegations; the court found he violated probation and resentenced him to 14 years’ incarceration with five years’ probation.
- The statutory framework governing probation durations for sexual-offender convictions was amended in 2007; the key issue is how many probation periods the district court could impose after prior revocations under the 2005 version of § 12.1-32-06.1.
- The court ultimately held the district court exceeded authority by imposing a third five-year probation period after the second revocation and remanded for resentencing; it also left open the question of potential Eighth Amendment issues, which it did not decide.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court could impose a third five-year probation period. | Perales: only two probation periods permitted; third exceeds authority. | State: Stavig allows an additional period under certain circumstances. | Third probation period not allowed; remand for resentencing. |
| Whether the court could order completion of the unserved portion of the second probation after revocation. | State: court could order completion of unserved second period. | Perales: end of second period upon revocation; no further completion required. | Cannot order completion of unserved portion; probation ends with revocation; remand for resentencing. |
Key Cases Cited
- State v. Stavig, 2006 ND 63 (ND 2006) (interprets ‘an additional period’ of probation; limits to one additional period not to exceed five years)
- State v. Eide, 2012 ND 129 (ND 2012) (illegal sentence only if exceeds maximum term)
- Davis v. State, 2001 ND 85 (ND 2001) (treatment of probation/restitution provisions in sentencing)
- State v. Cummings, 386 N.W.2d 468 (ND 1986) (historical approach to sentencing statutes)