A man given a plea agreement in December allowing him to plead guilty to lesser crimes may be put back in jail.

Estanislado Jilpas-Tamez, 19, made his first appearance at the Morton County Courthouse Friday on a petition for revocation of probation.

Morton County State's Attorney Allen Koppy said Jilpas-Tamez's probation officer, Brian Weigel, filed a petition of revocation for probation earlier this week. The petition said Jilpas-Tamez had failed to report an address change to Weigel as required, Koppy said.

Jilpas-Tamez told South Central District Judge Tom Schneider Friday that he had lived at a homeless shelter after his release on Dec. 12 but was able to find other living arrangements on Dec. 22. He said Weigel was out of the office over Christmas, so he could not tell him of his new home.

The matter will be taken up before South Central District Judge David Reich at a later date.

"There're two sides to every pancake, no matter how thin,"Koppy said of Jilpas-Tamez's explanation.

Schneider set bond for Jilpas-Tamez at $2,500 cash or surety.

Jilpas-Tamez originally was charged with gross sexual imposition, a Class A felony, on May 30.

Morton County Assistant State's Attorney Brian Grosinger said in December that DNAtesting identified a third suspect in the May 26, 2006, rape of a 14-year-old Mandan girl. Jilpas-Tamez and Angel Gabriel Loria-Tamayo were charged with gross sexual imposition in May, but no other suspect was mentioned at that time.

Grosinger said Jilpas-Tamez was offered a plea agreement in exchange for helping the state's attorney's office locate and prosecute the third suspect. Jilpas-Tamez pleaded guilty to assault, a Class A misdemeanor, and sexual assault, a Class B misdemeanor, on Dec. 12.

Reich sentenced Jilpas-Tamez to one year in jail with all but time served suspended. Jilpas-Tamez had been in the Morton County Correctional Center since his arrest in May. Reich also sentenced Jilpas-Tamez to two years supervised probation.

Mandan Police Lt. Paul Leingang said Jilpas-Tamez has cooperated with authorities in identifying the third suspect, and that case is still open. The suspect has not been charged.

Loria-Tamayo, 22, pleaded guilty to Class AA felony gross sexual imposition on Oct. 27. Reich sentenced him to 10 years in the custody of the Department of Corrections. Loria-Tamayo is an illegal immigrant from Mexico and will be deported after serving his sentence.

Jilpas-Tamez is from Illinois and is not an illegal immigrant.

Police say Loria-Tamayo and Jilpas-Tamez used alcohol to lure the 14-year-old Mandan girl and two friends to the men's residence on the 700 block of Poplar Lane.

The girl told police that she went to the bathroom to get something out of her eye, and her friends were gone when she got back. She said the suspects dragged her into a bedroom when she tried to leave.

According to police, Loria-Tamayo had intercourse with the girl, and Jilpas-Tamez attempted to have intercourse with her.

A witness, Angel Ybarra, said he was at the residence at the time of the attack, and he identified Tamayo and Tamez as being involved in the attack, an affidavit from Mandan Police Detective Brent Wilmeth said.