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CITY, N.D. (NewsDakota.com) – 55 year-old Steven Wayne Sauter who was involved in a crash north of Hastings last year filed a notice of appeal after he entered a conditional guilty plea last month in Southeast District Court.

64 year-old David Roehl died following the collision near Hastings, North Dakota that was reported August 31st of 2016.

According to Barnes County State’s Attorney Carl Martineck, Sauter is charged with Vehicular Homicide, a Class A Felony with a maximum penalty of 20 years’ imprisonment and/or a fine of $20,000. There is a minimum mandatory penalty of 10 years imprisonment.

Sauter received medical care for about three and a half months before being arrested. He posted bond on December 13, 2016. He has been subject to alcohol monitoring at all times and has not had any violations.

On March 7 of 2017, Sauter filed a motion to suppress evidence of the blood test results. A hearing was held July 31. Judge Troy LeFevre denied the defendant’s motion in a written opinion filed on August 4. Sauter decided to appeal the judge’s ruling. Martineck said, in order to do that immediately, he entered a conditional guilty plea and filed a notice of appeal.

Martineck said, if the Supreme Court upholds Judge Lefevre’s ruling, Sauter will serve his 10 year sentence. If the Supreme Court overturns Judge LeFevre’s ruling, Sauter can withdraw his guilty plea (since it’s conditional) and go to a jury trial. He said in pleading guilty, he accepted the 10 year minimum mandatory sentence. The execution of the sentence is stayed only while the appeal is pending, and Sauter is subject to the same conditions of bond including alcohol monitoring.

Martineck said, Judge LeFevre took into consideration the lack of alcohol violations.