State v. Dockter

2019 ND 203, 932 N.W.2d 98
CourtNorth Dakota Supreme Court
DecidedJuly 30, 2019
Docket20190061
StatusPublished
Cited by22 cases

This text of 2019 ND 203 (State v. Dockter) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dockter, 2019 ND 203, 932 N.W.2d 98 (N.D. 2019).

Opinion

McEvers, Justice.

[¶1] Amanda Dockter appeals from an order revoking her probation. We conclude the district court did not abuse its discretion in revoking Dockter's probation. We affirm the order and remand to the court to correct the period of supervised probation from five years to three years as required by N.D.C.C. § 12.1-32-06.1(2).

*99 I

[¶2] Dockter was initially charged with corruption or solicitation of a minor in Eddy County. In November 2017, the State amended the charge against Dockter to include abuse or neglect of a child, a class C felony. On November 9, 2017, Dockter pled guilty in Eddy County to the child neglect charge under N.D.C.C. § 14-09-22.1 and was committed to the Department of Corrections and Rehabilitation for a term of one year and one day with 336 days suspended and placed on supervised probation for a period of five years. Dockter was ordered to report to the Stutsman County Correctional Facility for the period of confinement on January 1, 2018. She finished serving her 30-day jail sentence on the child neglect charge on January 28, 2018.

[¶3] In January 2019, Dockter's probation officer petitioned to revoke her probation, alleging she had tested positive for methamphetamine on November 30 and December 22, 2017, and was convicted of five other criminal charges in Stutsman County on January 14, 2019, including child neglect and felon in possession of a firearm.

[¶4] At a February 14, 2019 probation revocation hearing, Dockter admitted she engaged in the conduct alleged in the petition to revoke and argued about the disposition. The district court found she violated the conditions of her probation. The court issued an order revoking her probation and committing her to the Department of Corrections and Rehabilitation for one year and one day with credit of 31 days for time served with supervised probation for five years.

II

[¶5] Dockter initially claims the originally imposed sentence was illegal under N.D.C.C. § 12.1-32-06.1(2), because the period of supervised probation was for five years and not three years as required by that statute. The State concedes the district court erred in initially sentencing Dockter to five years of supervised probation under N.D.C.C. § 12.1-32-06.1(2) and does not object to remanding to correct the illegal sentence consistent with the three-year period for supervised probation for "any other felony offense" in that statute. See State v. Isom , 2018 ND 60 , ¶¶ 10, 17, 907 N.W.2d 340 (holding five-year supervised probation for felony offense falling within "any other felony offense" language of N.D.C.C. § 12.1-32-06.1(2) was illegal and reversing and remanding for sentencing consistent with the three-year maximum under that statute). Dockter pled guilty to child neglect under N.D.C.C. § 14-09-22.1, an "other felony offense" under N.D.C.C. § 12.1-32-06.1(2), and as in Isom , at ¶¶ 10, 17, a remand is necessary for sentencing consistent with the three-year maximum period for probation under that statute.

III

[¶6] Dockter argues the district court erred in finding she violated the terms of her probation because her probation did not start until she was released from incarceration on January 28, 2018, and all the alleged probation violations occurred before that date. She claims any conduct before she was placed on probation was not governed by the terms of her probation.

[¶7] At the revocation hearing, Dockter admitted the probation violations and indicated there was "just going to be some argument on disposition." She asked the court to look at the time line and consider not revoking her probation and sentencing her to a period of incarceration because since her release from jail she has been complying with all conditions of probation.

*100 During oral argument to this Court, Dockter admitted she did not raise an issue in the district court about when her probation began.

[¶8] We have repeatedly held that issues not raised or considered in the district court cannot be raised for the first time on appeal, and we will not address them. E.g., Moe v. State , 2015 ND 93 , ¶ 11, 862 N.W.2d 510 . We explained "[t]he purpose of an appeal is not to give the appellant an opportunity to develop new strategies or theories; rather, the purpose is to review the actions of the district court." Id. " 'The requirement that a party first present an issue to the trial court, as a precondition to raising it on appeal, gives that court a meaningful opportunity to make a correct decision, contributes valuable input to the process, and develops the record for effective review of the decision.' " Id. (quoting In re Johnson , 2013 ND 146 , ¶ 10, 835 N.W.2d 806 ). However, we may consider an issue raised for the first time on appeal if it rises to the level of obvious error. State v. Alberts , 2019 ND 66 , ¶ 7, 924 N.W.2d 96 . To establish obvious error, a defendant must demonstrate plain error affecting substantial rights. Id. An obvious error must be a clear deviation from an applicable legal rule under current law and there is no obvious error when an applicable legal rule is not clearly established. Id.

[¶9] Dockter did not specifically argue to the district court that her alleged conduct occurred before she was placed on probation. Dockter did not raise an issue in the court about when her probation began and she admitted the allegations in the petition to revoke. Moreover, she has not raised an issue about obvious error to this Court. We therefore do not address Dockter's argument about when her probation began.

IV

[¶10] Dockter argues the district court abused its discretion in unreasonably incarcerating her for the probation revocation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Thompson
2025 ND 3 (North Dakota Supreme Court, 2025)
State v. Enriquez
2024 ND 164 (North Dakota Supreme Court, 2024)
State v. Bearce
2023 ND 231 (North Dakota Supreme Court, 2023)
State v. Harris
2023 ND 193 (North Dakota Supreme Court, 2023)
State v. Hatzenbuehler
2023 ND 192 (North Dakota Supreme Court, 2023)
State v. Netterville
2022 ND 153 (North Dakota Supreme Court, 2022)
State v. McGinnis
2022 ND 46 (North Dakota Supreme Court, 2022)
State v. Yoney
2020 ND 118 (North Dakota Supreme Court, 2020)
State v. Powley
2020 ND 124 (North Dakota Supreme Court, 2020)
Interest of D.M.D.
2020 ND 55 (North Dakota Supreme Court, 2020)
State v. Thomas
2020 ND 30 (North Dakota Supreme Court, 2020)
Thomas v. Thomas
2019 ND 299 (North Dakota Supreme Court, 2019)
State v. Dubois
2019 ND 284 (North Dakota Supreme Court, 2019)
State v. Smith
2019 ND 239 (North Dakota Supreme Court, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2019 ND 203, 932 N.W.2d 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dockter-nd-2019.