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State v. Chalupa

Supreme Court of Montana

October 8, 2019

STATE OF MONTANA, Plaintiff and Appellee,
v.
NOAH JOSEPH CHALUPA, Defendant and Appellant.

          Submitted on Briefs: August 7, 2019

          Appeal From: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause Nos. DC 15-169 and DC 15-858 Honorable Rod Souza, Presiding Judge.

         For Appellant:

          Chad Wright, Appellate Defender, Gregory Hood, Assistant Appellate Defender, Helena, Montana

         For Appellee:

          Timothy C. Fox, Montana Attorney General, Mardell Ployhar, Assistant Attorney General, Helena, Montana

          Scott D. Twito, Yellowstone County Attorney, Ingrid Rosenquist, Deputy County Attorney, Billings, Montana

          OPINION

          MIKE MCGRATH JUDGE.

         ¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

         ¶2 Noah Joseph Chalupa appeals the revocation of his suspended sentence and imposition of a per count technology user surcharge issued by the Thirteenth Judicial District Court, Yellowstone County. We affirm in part and reverse in part.

         ¶3 On July 2, 2015, Chalupa pleaded guilty to two counts of Intimidation (DC 15-169), a felony, after Chalupa threatened a principal and assistant principal outside of a school. While that case was pending, Chalupa broke windows at a Billings business and pleaded guilty to Felony Criminal Mischief (DC 15-858).

         ¶4 On December 11, 2015, Chalupa was sentenced at the same hearing for two counts of Intimidation, a felony, and one count of Felony Criminal Mischief. Before the hearing, a probation officer prepared a presentence investigation report ("PSI"), listing 34 conditions to be "recommended for any suspended time imposed by the court." Chalupa was sentenced to five years for the Intimidation charges, with three years suspended on each count. Chalupa also received a three-year deferred sentence for the Felony Criminal Mischief charge. The court applied the 34 conditions recommended in the PSI, as well as an additional condition prohibiting Chalupa from any contact with public schools, to Chalupa's sentence. Both written judgments required the 35 conditions to apply "for any period of community supervision." All sentences were to run concurrently. In addition, the sentences included a per count Information Technology fee of $10.00.

         ¶5 On July 7, 2017, the State filed a petition to revoke Chalupa's sentences. A violation report was attached to the petition, alleging Chalupa violated condition nine, requiring Chalupa to "comply with all laws and conduct himself as a good citizen." The report alleged Chalupa committed 104 major infractions while serving the active portion of his sentences at the Montana State Prison ("MSP"). In addition, the report included new criminal charges pending against Chalupa for felony assault on a peace officer and possession of a deadly weapon by a prisoner. Chalupa was scheduled for discharge to suspended time on July 21, 2017.

         ¶6 On July 20, 2017, Chalupa was transferred from the MSP to the Yellowstone County Detention Facility ("YCDF") for adjudication of the Criminal Mischief charge. On July 21, 2017, Chalupa signed the rules of probation, commencing the suspended portion for his Intimidation sentence. Subsequently, while detained in the YCDF, Chalupa committed 32 disciplinary infractions, including non-compliance misdemeanor criminal violations ...


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