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State v. Bollin

October 24, 2003

STATE OF MINNESOTA, RESPONDENT,
v.
STEVEN JOE BOLLIN, APPELLANT.



Willis, Judge Anoka County District Court File No. K9-03-576

Considered and decided by Willis, Presiding Judge; Toussaint, Chief Judge; and Stoneburner, Judge.

SYLLABUS BY THE COURT

A district court cannot consider a durational departure from the sentencing guidelines at an extended-jurisdiction juvenile (EJJ) probation-revocation proceeding.

The opinion of the court was delivered by: Willis, Judge

Affirmed

OPINION

While on probation as an extended-jurisdiction juvenile (EJJ) following a first-degree criminal-sexual-conduct conviction, appellant committed fourth-degree criminal sexual conduct. The district court revoked appellant's probation and executed a 144-month adult sentence for the earlier conviction. Appellant argues that the district court abused its discretion by revoking his probation and erred by refusing to consider at the probation-revocation hearing a dispositional or durational departure from the 144-month adult sentence. Because we conclude that the district court neither abused its discretion nor erred, we affirm.

FACTS

In September 2001, appellant Steven Bollin, then age 17, was charged with two counts of first-degree criminal sexual conduct for allegedly performing sex acts on two boys, ages three and five. The state moved to certify Bollin to be tried as an adult, but Bollin agreed to plead guilty to one count and to receive a "guidelines sentence" in return for designation as an extended-jurisdiction juvenile (EJJ) and dismissal of the other count.

Before disposition, the district court ordered a psychological evaluation of Bollin. The psychologist stated in her report that Bollin's score on an IQ test placed him in the range of "mild mental retardation." The psychologist also noted that Bollin had been sexually abused, had grown up in a "severely dysfunctional and chaotic family," had been severely abused physically by his family, and was "vulnerable" because of his mental retardation.

At disposition, the district court sentenced Bollin to 144 months in prison, stayed execution of the sentence, and placed Bollin on juvenile probation. The 144-month commitment was the presumptive sentence under the guidelines. Conditions of Bollin's probation included that he remain law-abiding and be placed in a secure, residential sex-offender treatment program.

Soon thereafter, Bollin entered Mesabi Academy to begin sex-offender treatment. There, in October 2002, Bollin engaged in sexual activity with a 13-year-old fellow resident. Bollin was expelled from Mesabi Academy, and the state charged him with one count of fourth-degree criminal sexual conduct and one count of fifth-degree criminal sexual conduct. Bollin eventually pleaded guilty to the charge of fourth-degree criminal sexual conduct.

In a February 2003 probation-revocation proceeding, Bollin's attorney (1) argued that his client's mental retardation was a mitigating circumstance that supported continuing probation and (2) asked the district court to consider a dispositional or durational departure from the 144-month sentence. The district court, after deciding that there were no mitigating circumstances warranting continued probation, concluded that it lacked the authority to consider a dispositional or ...


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