Chaparro v. State

The Supreme Court affirmed the judgment of the district court convicting Defendant of sexual assault, battery with the intent to commit sexual assault upon a victim age sixteen or older, and open or gross lewdness, holding that Defendant was not denied a fair and just sentencing hearing.

At issue on appeal was whether Defendant's right to be present was violated when the sentencing hearing was conducted by simultaneous audiovisual transmission over the Zoom videoconferencing platform because of the district court's administrative orders forbidding in-person hearings due to the COVID-19 pandemic. The Supreme Court affirmed, holding (1) Defendant's sentencing hearing was fair and just considering the surrounding circumstances; (2) the district court properly admitted evidence of Defendant's previous conviction for battery with intent to commit sexual assault; and (3) the district court did not err in limiting inquiry into Defendant's prior conviction that the court had determined would be admitted as evidence.