State v. Gonzalez
Annotate this Case
In the state of North Dakota, Garron Gonzalez was initially charged with two counts of gross sexual imposition, both class A felonies, in September 2003. Gonzalez pleaded guilty to the charges and was sentenced to five years' imprisonment on each count, all but 130 days suspended, and placed on probation for five years. The sentences were to be served concurrently. After his probation was twice revoked, Gonzalez was resentenced to additional time. However, in the second amended judgment, the sentences were to be served consecutively.
In 2012 and again in 2022, Gonzalez filed petitions for post-conviction relief. The court granted both petitions, finding that the sentences imposed in 2014 were greater than the time originally suspended and were therefore deemed illegal. In April 2023, a new sentencing hearing was held wherein Gonzalez was sentenced again to five years' imprisonment for each count, to be served consecutively, thus totaling ten years.
Gonzalez appealed, arguing that his sentences are illegal under N.D.C.C. § 12.1-32-07(6) because the amended judgment imposes more severe sentences than the original sentences and retroactively increases the punishment for his prior conduct.
The Supreme Court of North Dakota agreed with Gonzalez's argument. The court found that the district court had effectively increased Gonzalez’s total term of imprisonment to 10 years, exceeding the suspended sentences originally imposed. Therefore, the sentences were deemed illegal under the pre-amended version of N.D.C.C. § 12.1-32-07(6). The court reversed the decision and remanded the case for resentencing consistent with its opinion.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.