New Opinion: May 27 Wednesday, May 27, 2026

State v. Rademacher 2026 ND 107
Docket No.: 20250304
Filing Date: 5/27/2026
Case Type: Appeal - Criminal - Homicide
Author: Friese, Mark A.

Highlight: A sentencing court may impose a sentence of imprisonment if it finds there are aggravating factors to justify a departure from presumptive probation. Aggravating factors include the age and vulnerability of the victim, and whether the offender was in a position of responsibility or trust over the victim.

Whether aggravating factors apply under the presumptive probation statute, N.D.C.C. § 12.1-32-07.4, is a mixed question of law and fact.

The presumptive probation statute does not include a categorical exception for offenses involving a motor vehicle. The presumptive probation statute does not permit a district court to change the nature of an offense to which a defendant has pled guilty to, or been found guilty of, for sentencing purposes. Driving a motor vehicle alone does not establish "a position of responsibility or trust over the victim" under N.D.C.C. § 12.1-32-07.4(2)(b).