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State v. Noggle

March 18, 2003

STATE OF MINNESOTA, RESPONDENT,
v.
BRUCE NORMAN NOGGLE, APPELLANT.



Scott County District Court File No. K010269

Considered and decided by Schumacher, Presiding Judge, Willis, Judge, and Anderson, Judge.

SYLLABUS BY THE COURT

A ten-year conditional-release term under Minn. Stat. § 609.109, subd. 7 (2000), is appropriately imposed by the district court only when, prior to the commission of the violation or offense, the defendant has been adjudicated guilty of a specified similar violation or offense.

The opinion of the court was delivered by: G. Barry Anderson, Judge

Reversed and Remanded

OPINION

Appellant challenges the imposition of a ten-year conditional-release term for sexual offenses committed against three minor children. Because we conclude that the district court erred as a matter of law by relying on an inapplicable statute to impose the conditional-release term, and because Minnesota law compels a contrary legal conclusion, we reverse.

FACTS

Appellant Bruce Norman Noggle was 14 years old in 1995 and lived with his sister, G.G., in her apartment. Also living in the apartment was G.G.'s husband; her husband's two sons, N.G. and J.G.; and G.G's daughter, A.J.

In the fall of 1998, N.G. and J.G. told their school social worker that appellant sexually abused them in 1995 when N.G. was seven years old and J.G. was five years old. There was detailed and specific trial testimony of multiple acts of sexual abuse by appellant against both victims. On July 23, 2001, a jury convicted appellant on eight counts of criminal sexual conduct for the 1995 offenses involving N.G. and J.G.

In an unrelated case against appellant, A.J. alleged that appellant sexually abused her from 1995 to 1997, when A.J. was between seven and nine years old. While appellant lived at G.G.'s home, he stayed in A.J.'s bedroom. There was testimony about multiple acts of sexual abuse by appellant, along with an admission by appellant that he had committed these acts "many, many times, too many to count." A.J. also testified that appellant told her not to tell anyone what happened.

On January 16, 2002, appellant pleaded guilty to second-degree criminal sexual conduct for the offenses committed against A.J. That same day, the district court sentenced appellant to three concurrent terms of 72 months, executed, for the offenses involving N.G., J.G., and A.J.*fn1 The district court also imposed a ten-year conditional release term for each offense. This appeal followed.

ISSUE

Was it error for the district court to impose a ten-year ...


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