Submitted on Briefs: August 7, 2019
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.
Wright, Appellate Defender, Gregory Hood, Assistant Appellate
Defender, Helena, Montana
Timothy C. Fox, Montana Attorney General, Mardell Ployhar,
Assistant Attorney General, Helena, Montana
D. Twito, Yellowstone County Attorney, Ingrid Rosenquist,
Deputy County Attorney, Billings, Montana
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
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.
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).
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.
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.
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 ...