Appeal from the Superior Court, Third Judicial District, Palmer, Vanessa White, Judge. Trial Court No. 3PA-07-2617 CR
Elizabeth D. Friedman, Attorney at Law, Palmer, for the Appellant.
Terisia K. Chleborad, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Craig W. Richards, Attorney General, Juneau, for the Appellee.
Before: Mannheimer, Chief Judge, Allard, Judge, and Suddock, Superior Court Judge. [*]
Landon Binder pled guilty to one count of possession of child pornography after police officers discovered 3, 144 images and 54 videos of child pornography in his possession. He was sentenced to 5 years' imprisonment with 3½ years suspended and 3 years' probation. After his release, Binder enrolled in a group sex offender treatment program. He subsequently failed multiple polygraph exams and violated numerous conditions of the treatment program.
Binder was later discharged from treatment, and the State filed a petition to revoke his probation. At his revocation hearing, Superior Court Judge Vanessa White imposed 3 months of Binder's suspended sentence and extended his probation by 4 years.
Binder challenges his sentence, arguing that the court misapplied the Chaney criteria and that he was deprived of due process at his revocation hearing. But Binder failed to raise his due process arguments below, and they are therefore waived. Binder also assigns error to the court's factual and legal bases for his probation revocation. Having reviewed the record, we conclude that Judge White relied on appropriate considerations in imposing Binder's sentence and that the sentence is supported by the record.
Binder also argues that the judge erred in failing to modify his conditions of probation to allow him to visit his children and to attend church services. We find Binder's arguments raise concerns justifying a remand for reconsideration of these restrictions.
Finally, Binder argues that the judge erred in failing to redact from the presentence report "letter update" various alleged "factual inaccuracies [that] were challenged during the course of the hearing." As we explain below, Binder failed to preserve this issue for appeal. But we authorize the judge to address the matter in her discretion on remand.
In April 2006, Palmer police officers executing a search warrant discovered images and videos of child pornography in Binder's possession. Binder was indicted on fifteen counts of possession of child pornography and four counts of distribution of child pornography.
Pursuant to an agreement under Alaska Criminal Rule 11, Binder pled guilty to one count of possession of child pornography. The trial court sentenced him to 5 years' imprisonment with 3½ years suspended, and 3 years' probation. The court also imposed probation conditions requiring Binder to participate in sex offender treatment and limiting his contact with children.
Binder was released in September 2010, but he failed to fully comply with his sex offender treatment requirements. He continued to place himself in high-risk situations involving adult pornography and non-pornographic depictions of young children - including his own infant daughter. He also failed multiple polygraph exams. And according to Binder's probation officer, Binder attempted to manipulate his treatment ...