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State v. Kroll8/3/2004
Submitted on Briefs: March 2, 2004
Leonard Kroll (Kroll) appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, imposing certain conditions as to the suspended portion of his sentence. We affirm in part, reverse in part, and remand for further proceedings.
The following issues are presented on appeal:
1. Did the District Court err by imposing conditions in the written judgment that it did not impose at the oral pronouncement of sentence?
2. Did the District Court err by imposing conditions of sentence that were not reasonably related to the underlying offense?
FACTUAL AND PROCEDURAL BACKGROUND
Leonard Kroll was charged by Information in the Thirteenth Judicial District Court, Yellowstone County, with the felony offense of issuing bad checks as part of a common scheme. The affidavit in support of the motion to file the information provides the following background information: Between the dates of December 22, 1993, and January 17, 1995, Kroll had presented numerous checks drawn from an account which had been "force-closed" by the bank the previous year. Using the fraudulent checks, Kroll purchased hundreds of mail-order items from national merchants, including appliances, computers, collectibles, various coin collections, bronzes, and figurines. It was Kroll's practice to write the checks for more than the purchase amount in order to obtain a refund from the company. He also returned many of the items for cash refunds.
On January 19, 1995, Billings Police Department Detective Dave Comfort (Detective Comfort), obtained a search warrant for Kroll's residence. During the search, the detective uncovered $50,000 to $60,000 worth of goods purchased from the various mail-order merchants, including a substantial amount of pornographic materials. Detective Comfort also uncovered boxes of blank checks and discovered sealed envelopes ready to be mailed which held checks to purchase additional mail-order items. Kroll admitted to Detective Comfort that he had purchased the various items with checks from an account that had been closed. Although Kroll knew that presenting bad checks was illegal, he explained to the detective that he was out of work and the scheme seemed like an easy way to make money.
Kroll was arrested following the search and released later that same day with a notice to appear in Justice Court several days later. However, Kroll fled from the Billings area the following day. His whereabouts were unknown until October 28, 2002, when he was transported to Billings after being arrested out of state.
On September 2, 2002, Kroll was charged in District Court with the offense of issuing a bad check as part of a common scheme, a felony in violation of § 45-6-316, MCA. Kroll initially pleaded not guilty to the offense, but later changed his plea to guilty after entering a plea agreement with the State. Pursuant to the plea agreement, Kroll agreed to plead guilty to one count of issuing a bad check in exchange for the State's recommendation of an entirely suspended sentence of ten years to the Montana State Prison and payment of restitution.
A pre-sentence investigation report (PSI) was thereafter prepared, concurring in the State's recommendation for sentence and outlining various conditions recommended for probation. Among those conditions, the PSI recommended that Kroll not possess or consume any alcohol, that he obtain a chemical dependency evaluation, and refrain from entering casinos or playing any games of chance. The PSI further recommended Kroll undergo a sexual risk assessment by a member of the Montana Sexual Offe
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