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State v. Syvertson7/13/1999
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Norman J. Backes, Judge.
AFFIRMED.
Opinion of the Court by Maring, Justice.
State v. Syvertson No. 980027
[ ] Charles E. Syvertson appealed from a criminal judgment entered on a jury verdict finding him guilty of two class B felony counts of gross sexual imposition in violation of N.D.C.C. § 12.1-20-03. We conclude the trial court did not err in refusing to suppress Syvertson's confession, Syvertson failed to show any prejudice resulting from the disclosure of the prosecution's sealed notice of intent to have Syvertson, if convicted, sentenced as a dangerous special or habitual offender, and any error the trial court committed in admitting parts of Syvertson's pretrial psychiatric evaluation at the sentencing hearing was harmless beyond a reasonable doubt. We affirm.
I.
[ ] On May 17, 1997, Syvertson was arrested and jailed in Wahpeton on charges unrelated to this appeal. On May 19, 1997, Sergeant Don Hukee of the Wahpeton Police Department interviewed Syvertson about the pending charges against him and pictures of children found in Syvertson's car. Syvertson was brought from his cell in the Richland County Jail to Hukee's office for the interview. Hukee did not inform Syvertson of his Miranda rights at any time during this first interview.
[ ] While Syvertson was being held in the Richland County Jail, Syvertson's daughter met with a social worker in Minnesota and told her Syvertson had touched her sexually in Fargo about three years earlier when she was seven years old. The social worker, who handled intake assessments to determine the merits of child abuse allegations, forwarded a report to the Wahpeton Police Department. As a result of the report, Syvertson, while in jail, was also served with a restraining order to stay away from his daughter.
[ ] About 4 a.m. on May 22, 1997, Syvertson gave a jail guard two notes and asked that he give them to the officer who arrested him. Later that day, Hukee received Syvertson's notes from another police officer. One of the notes gave police permission to retrieve items from the trunk of Syvertson's car. The other note said:
"To: Cass County States Attorney
My daughter accused me of melosting (sic) her in the year of 1993 and I would like to let it be known that she was telling the truth. The incident occurred (sic) in Fargo N.D. and no such incident has happend (sic) since. Dated this 21 May 1998 (sic).
Charles E. Syvertson"
[ ] After receiving the notes, Hukee conducted a second interview with Syvertson in his office. Near the beginning of this interview, Hukee informed Syvertson of his Miranda rights and Syvertson responded that he understood them. During this interview, Hukee repeatedly encouraged Syvertson to confess to the molestation of his daughter, assured him he was not interested in arresting him, and was only interested in helping him and his daughter. Syvertson confessed in detail to molesting his daughter. The confession was videotaped.
[ ] In July 1997, Syvertson was charged in Cass County with two counts of gross sexual imposition. The information alleged Syvertson had sexual contact with his daughter by placing his hand or fingers in her vaginal area on two occasions about one month apart in late 1993 or early 1994.
[ ] Shortly after being charged, Syvertson, through court-appointed defense counsel, requested a psychological examination under N.D.C.C. §§ 12.1-04-06 and 12.1-04.1-02. The trial court granted the motion. The order of commitment to the State Hospital specif
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