State v. Lutcavich
State v. Lutcavich
Opinion of the Court
Defendant was convicted of two counts of second-degree rape, and the trial court *1113sentenced him to consecutive 75-month imprisonment sentences. What defendant challenges in this appeal are the judgment's instructions imposing a "sex offender package" (among other things, sex-offender treatment and registration; refrain from use or possession of nonprescription controlled substances, alcohol, and pornography; and no contact with the victim and the victim's daughter). Defendant argues that the court was not authorized to order conditions of an incarceration sentence, noting that only the Department of Corrections may do that.
Remanded for entry of judgment omitting the challenged provisions; otherwise affirmed.
Defendant raises two assignments of error; the resolution of his first assignment obviates the need to address his second assignment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.