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State of Montana v. Leslie Jon Claassen

December 27, 2012

STATE OF MONTANA, PLAINTIFF AND APPELLEE,
v.
LESLIE JON CLAASSEN, DEFENDANT AND APPELLANT.



APPEAL FROM: District Court of the Twelfth Judicial District, In and For the County of Hill, Cause No. DC 04-031 Honorable John C. McKeon, Presiding Judge

The opinion of the court was delivered by: Michael E Wheat

December 27 2012

Submitted on Briefs: October 24, 2012

Filed:

Clerk

Justice Michael E Wheat delivered the Opinion of the Court.

¶1 Leslie Jon Claassen (Claassen) appeals from the judgment of the Twelfth Judicial District Court, Hill County, revoking his suspended sentence for sexual abuse of children and imposing a two-year commitment to the Department of Corrections (DOC) to run consecutively to his federal sentence. The court also ordered that Claassen be designated a Level 3 sexual offender. We affirm.

ISSUE

¶2 Claassen raises the following issue on appeal:

¶3 Did the District Court err by elevating Claassen's sexual offender level designation from Level 1 to Level 3 upon revocation?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 On March 25, 2004, the State charged Claassen by Information with one count of Sexual Abuse of Children, a felony, in violation of § 45-5-625(1)(e), MCA. Claassen pled guilty to the charge on April 8, 2005, pursuant to a plea agreement with the State. Prior to sentencing, the District Court ordered the completion of a psychosexual evaluation and a presentence investigation report (PSI).

¶5 Dr. Michael Scolatti completed the psychosexual evaluation of Claassen. Dr. Scolatti determined that Claassen was a Level 1 sexual offender with a low risk to re-offend. The PSI offered several treatment recommendations, and indicated that Claassen was an appropriate candidate for outpatient sexual offender treatment.

ΒΆ6 Probation and Parole Officer Heather Ostwalt compiled Claassen's PSI, and concluded that the plea agreement's recommendation of a seven-year sentence to the DOC, with two years suspended, was an appropriate sentence. Among the many conditions she recommended for the period of community supervision was the requirement that Claassen follow all of the recommendations of Dr. ...


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