State v. D. Baertsch

Summary

The court held that the evidence was insufficient to support Baertsch’s burglary conviction because the State failed to prove that his profane or abusive language inside a private home disturbed or had a realistic potential to disturb the public peace. The court also held that the District Court lacked authority to impose a seven-year restriction on Baertsch’s statutory right to seek early termination of his suspended sentence absent a plea-agreement waiver. The burglary conviction was vacated, and the case was remanded to strike the illegal sentencing condition.