Lacs County District Court File No. 48-CR-14-1042
Swanson, Attorney General, St. Paul, Minnesota; and Joe
Walsh, Mille Lacs County Attorney, Kali A. Gardner, Assistant
County Attorney, Milaca, Minnesota (for appellant)
Cathryn Middlebrook, Chief Appellate Public Defender, Chang
Y. Lau, Assistant Public Defender, St. Paul, Minnesota (for
Considered and decided by Bratvold, Presiding Judge; Worke,
Judge; and Stauber, Judge.
Minn. Stat. § 609.14, subd. 1(c), when the state
properly and timely initiates revocation of a stayed
sentence, a district court retains jurisdiction to conduct
probation revocation proceedings. The district court does not
have discretion to dismiss revocation proceedings because the
hearing is conducted after the stayed sentence has expired,
although the district court may dismiss revocation
proceedings for other reasons as provided by Minn. R. Crim.
state challenges a district court's order that dismissed
probation revocation proceedings after the district court
concluded it lacked jurisdiction because the revocation
hearing was conducted after respondent's stayed sentence
had expired. Because probation revocation proceedings against
respondent were properly and timely initiated, the district
court had jurisdiction to conduct a revocation hearing. We
therefore conclude that the district court erred in
dismissing the revocation proceedings and discharging
respondent from probation; thus, we reverse and remand.
December 30, 2014, respondent Athena Sagataw pleaded guilty
to theft under Minn. Stat. § 609.52, subd. 2(a)(1)
(2014). The district court accepted Sagataw's plea and
stayed execution of her sentence for one year. The stay
included conditions, specifically, to remain law abiding.
was convicted of four new theft offenses that occurred during
the term of her stayed sentence. On November 5, 2015,
probation filed a violation report. The district court issued
an order and summons, revoking Sagataw's stayed sentence
and ordering her to appear for a hearing.
failed to appear for the hearing and a warrant was issued for
her arrest. Sagataw's sentence expired on December 31,
2015. The warrant was eventually quashed, and Sagataw made a
first appearance on January 19, 2016, at which she denied the
violation. The district court released Sagataw on bail.
Sagataw's contested revocation hearing on April 27, 2016,
she admitted to the violation and the district court found
that she knowingly and voluntarily waived her right to a
contested hearing. The state and defense disagreed about how
the district court should address the admitted violation. The
state asked for execution of the stayed sentence. The defense
requested that the district court order Sagataw to serve 15
days in jail concurrent with time she would be serving on one
of the new theft convictions.
district court asked whether Sagataw's probation had been
extended. The state responded that because the probation
violation report was submitted before Sagataw's stayed
sentence expired, and because Sagataw was in "continuing
violation of a condition and fail[ed] to appear at a court
hearing, " she remained on probation and the district
court retained jurisdiction. The district court disagreed:
"The Court doesn't have jurisdiction to impose a
sentence here if there was no extended probation for whatever
reason. She was sentenced on December 30, 2014, for a year
only. It's ...