Polk County District Court File No. 60-CR-10-480
Lori Swanson, Attorney General, St. Paul, Minnesota; and Gregory A. Widseth, Polk County Attorney, Scott A. Buhler, Assistant County Attorney, Crookston, Minnesota (for respondent)
Deborah K. Ellis, St. Paul, Minnesota (for appellant)
Considered and decided by Rodenberg, Presiding Judge; Chutich, Judge; and Klaphake, Judge. [*]
Appellant Anthony Lenway Narvaez challenges the district court's decision to revoke his probation and execute his sentences for fourth-degree sale of a controlled substance and conspiracy to commit first-degree sale of a controlled substance. He argues that: 1) the district court made a structural error in failing to advise him of his probation revocation rights under Minn. R. Crim. P. 27.04, subd. 2(1)(c); and 2) the district court abused its discretion by revoking his probation. Because the district court's omission was not structural error and did not prejudice Narvaez, and because the district court properly acted within its discretion in executing Narvaez's sentences, we affirm.
In July 2010, Narvaez pleaded guilty to fourth-degree sale of a controlled substance and conspiracy to commit first-degree sale of a controlled substance. The district court sentenced him to 18 months in prison on the fourth-degree sale conviction and 146 months in prison on the conspiracy conviction, but stayed both sentences for 20 years. Narvaez was on probation for two prior felony convictions at the time of sentencing.
Narvaez's sentence included serving one year in jail. While he was serving that time, Narvaez was released for work privileges. On some of the days that he was released, however, Narvaez did not go to work but instead went home. According to the state, Narvaez lied about going to work on 17 occasions and falsified documents in support of the lie. Narvaez admitted violating his probation, and, consequently, in May 2011, the district court allowed him to remain on probation with the additional condition that he serve 180 days in jail.
On September 1, 2012, Crookston police arrested Narvaez for driving under the influence and contempt of court. Tri-County Community Corrections prepared a violation report, alleging Narvaez violated probation for failure to remain law abiding and failure to abstain from mood-altering substances.
Narvaez appeared in court for the first time on these probation violations on September 5, 2012, with his attorney. The district court asked Narvaez's attorney if he reviewed with Narvaez "his rights at any probation violation hearing" and "the alleged probation violations." Narvaez's attorney responded, "Yes, [Y]our Honor." Narvaez did not admit or deny the violations that day.
On September 10, 2012, Narvaez appeared, with counsel, for his "admit/deny" hearing. Narvaez denied the violations, and the district court scheduled a contested-probation-violation hearing.
On September 17, 2012, Narvaez appeared with counsel for his hearing. Narvaez's attorney stated that Narvaez was "prepared to admit the violations" and asked "that we just kind of keep it to a general admission since there [are] charges still pending, " requesting to return for disposition in five weeks. Narvaez admitted that he violated probation "by being arrested September st, 2012, for driving under the influence and contempt of court" and by "consuming and possessing alcohol" that day. Narvaez later ...