State v. Hoehn
- State of North Dakota, Plaintiff and Appellee
William Henry Hoehn, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
Case No. 2017-CR-03672
East Central Judicial District, Cass County
Thomas R. Olson
Parties' Statement of Issues
I. Whether Mr. Hoehn’s sentence was illegal.
a. Mr. Hoehn was not convicted of an offense that seriously endangered the life of another person.
b. There was insufficient evidence that Mr. Hoehn had previously been convicted of a similar offense.
c. The use of a life expectancy table is not authorized by statute and violated the prohibition on Ex Post Facto punishment.
II. Whether the trial court committed obvious error by not complying with Rule 11, thereby creating a manifest injustice to Mr. Hoehn.
I. Whether the evidence is sufficient to aupport a finding that the Defendant is a Dangerous Special Offender.
II. Whether it was proper to use the life expectancy table pursuant to N.D.C.C. § 12.1-32-09.1(2) and North Dakota Administrative Rule 51 to determine the Defendant's life expectancy for purposes of sentencing.
III. Whether the Defendant was subjected to a manifest injustice because the district court did not address the possible sentencing enhancement in open court.
William Hoehn appeals from the district court’s amended judgment. Hoehn pled guilty to conspiracy to commit kidnapping and to giving false information to law enforcement with the additional status that Hoehn was a special dangerous offender. He was sentenced to life with possibility of parole. At the time of sentencing, Hoehn had a life expectancy of 42 years.
Hoehn was dating Brooke Crews and they were living together. Crews killed Savanna Greywind in the process of cutting a baby from her womb. Hoehn hid the baby and concealed Greywind’s body.
Hoehn argues: he was incorrectly designated a special dangerous offender because under N.D.C.C. § 12.1-32-09(1)(d), the crimes he pled guilty to did not seriously endanger the life of another nor had he been convicted of a similar crime previously; the use of a life expectancy table is not authorized by statute and is thus ex post facto punishment; the trial court did not advise him of the possible sentencing ramifications of entering a guilty plea; and, the amended judgment incorrectly lists the kidnapping count by failing to state he was guilty of “conspiracy” to commit kidnapping.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/30/2018||NOTICE OF APPEAL : 10/30/2018|
|2||10/30/2018||ORDER FOR TRANSCRIPT|
|3||11/01/2018||Appointment of Kiara Costa Kraus-Parr to represent Appellant.|
|4||11/01/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||11/01/2018||Notice served on Kiara Costa Kraus-Parr, Daniel J. Borgen, & Leah J. Viste|
|6||11/05/2018||AMENDED ORDER FOR TRANSCRIPT|
|7||11/07/2018||SECOND AMENDED ORDER FOR TRANSCRIPT : 11/08/2018|
|8||11/27/2018||ELEC. RECORD ON APPEAL DATED NOVEMBER 26, 2018 (ENTRY NOS. 1-115, 117-119, 122-202, 208-234, CONT.)|
|9||11/27/2018||(CONT. 236-240, 242-243 AND 247-290) ITEMS NOT ELEC: 116, 120-121, 203-207, 235, 241, 244-246|
|10||11/27/2018||REC'D VIA U.S. MAIL DEFENDANT'S EXHIBITS-D, #5, #6, #88, #89, #90, #92, #93, #124, (cont)|
|11||11/27/2018||(cont) #200, #204, 6(A), 6(B)-broken into 5 parts/DVDs|
|12||11/29/2018||AMENDED NOTICE OF APPEAL|
|13||11/30/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|14||11/30/2018||Notice served on Kiara Kraus Parr and Leah J. Viste|
|15||12/03/2018||ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 30, 2018 (ENTRY NOS. 291 - 294 )|
|16||12/11/2018||ELECTRONIC TRANSCRIPTS DATED AUGUST 28, 2017, DECEMBER 6, 2017 SEPTEMBER 4, 2018, (CONT)|
|17||12/11/2018||(CONT.) OCTOBER 29, 2018, REDACT KEY 9/4/18, REDACT KEY 10/29/18 AND C.O.S.|
|18||12/18/2018||ELECTRONIC TRANSCRIPTS DATED JANUARY 16, 2018, FEBRUARY 9, 2018, & C.O.S.|
|19||01/09/2019||MOT. EXT/TIME TRANSCRIPT|
|21||01/09/2019||ACTION BY TRIAL COURT - Granted : 01/09/2019|
|22||01/09/2019||ELECTRONIC TRANSCRIPTS DATED SEPTEMBER 18, 2018, SEPTEMBER 19, 2018, SEPTEMBER 20, 2018,|
|23||01/09/2019||SEPTEMBER 21, 2018, SEPTEMBER 24, 2018, SEPTEMBER 25, 2018, SEPTEMBER 26, 2018,|
|24||01/09/2019||SEPTEMBER 27, 2018, SEPTEMBER 28, 2018, & C.O.S.|
|29||02/25/2019||Rec'd non-substantive corrections to ATB|
|30||02/25/2019||Rec'd $25 e-filing surcharge for ATB (receipt #26918 )|
|31||02/27/2019||Rec'd 6 copies of ATB & ATA from CSD|
|32||03/18/2019||Rule 24 N.D.R.App P. Supplemental Statement by Indigent Defendant||View|
|34||03/21/2019||E-FILED BRIEF (PDF)|
|35||03/25/2019||Rec'd $25.00 surcharge for AEB (receipt #26963)|
|36||03/25/2019||Rec'd 6 copies of AEB back from Central Duplicating|
|37||04/23/2019||NOTICE OF ORAL ARGUMENT SENT|
|38||05/22/2019||Request for Radio/TV Coverage - approved Prairie Public Radio|
|39||05/24/2019||2ND ELEC. SUPP. RECORD ON APPEAL DATED MAY 23, 2019 (ENTRY NOS. 295-302)|