A14566•Cedar Mae Sarten v. State of Alaska
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NOTICE This is a summary disposition issued under Alaska Appellate Rule 214(a). Summary dispositions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d). IN THE COURT OF APPEALS OF THE STATE OF ALASKA CEDAR MAE SARTEN, Appellant, v. STATE OF ALASKA, Appellee. Court of Appeals No. A-14566 Trial Court No. 4FA-20-01241 CR SUMMARY DISPOSITION No. 0496 — August 26, 2026 Appeal from the District Court, Fourth Judicial District, Fairbanks, Maria P. Bahr, Judge. Appearances: Lindsey Bray, Assistant Public Defender, and Terrence Haas, Public Defender, Anchorage, for the Appellant. Kayla H. Doyle, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Cori M. Mills, Acting Attorney General, Juneau, for the Appellee. Before: Allard, Chief Judge, and Wollenberg and Beach, Judges. In 2022, Cedar Mae Sarten was convicted, following a jury trial, of one count of reckless endangerment.1 Two years later, the State moved to amend Sarten’s judgment to designate the reckless endangerment conviction as a domestic violence offense. The district court granted the State’s motion and amended the judgment. 1 AS 11.41.250.
– 2 – 0496 On appeal, Sarten challenges the court’s designation of her conviction as a crime involving domestic violence, arguing that she was entitled to a jury trial on the issue and that the court’s late designation violated Alaska Criminal Rule 32(e) and her right to due process. The parties have now filed a joint motion for a limited summary disposition under Alaska Appellate Rule 214. In the joint motion, the State concedes that the court’s order granting the motion to designate the conviction as a domestic violence offense did not comply with Criminal Rule 32(e), which requires the sentencing court to make “factual and legal determination[s]” supporting the designation. We have reviewed the record, and we conclude that the State’s concession is well-founded.2 Criminal Rule 32(e) states: In a case in which the defendant is convicted of an offense listed in AS 18.66.990(3)[3] and the prosecution claims at sentencing that the offense is a crime involving domestic violence, the written judgment must set forth whether the offense is a crime involving domestic violence as defined in AS 18.66.990(3) and (5). A factual and legal determination supporting this finding must be made on the record. But in Sarten’s case, the court granted the State’s motion without any factual or legal findings. We agree that this was error and requires vacating the judgment designating Sarten’s conviction for reckless endangerment as a crime involving domestic violence. 2 See Marks v. State, 496 P.2d 66, 67-68 (Alaska 1972) (holding that an appellate court must independently assess whether the State’s concession of error in a criminal case is well-founded). 3 Sarten’s offense, reckless endangerment, is an offense listed in AS 18.66.990(3). See AS 18.66.990(3)(A); AS 11.41.250.
– 3 – 0496 The State has separately agreed not to seek designation of Sarten’s reckless endangerment conviction as a domestic violence offense. Based on this agreement, Sarten’s issues on appeal are moot and need not be addressed by this Court. We therefore express no opinion on Sarten’s remaining claims. Accordingly, we VACATE the designation of Sarten’s conviction as a crime involving domestic violence, and we REMAND this case to the district court to retract the amendment to the judgment, consistent with this decision.
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