State v. Clark

¶57 I concur in the Court’s opinion on issue one, which affirms the District Court’s denial of Clark’s motion for a new trial. I dissent from the Court’s decision to address and resolve the second issue. I would address the scope of remand question sua sponte and conclude that the District Court exceeded the scope of our remand-and, therefore, its power-by entertaining and resolving the sentencing matter as part of the proceeding on remand. As a result, I would hold the second issue is not properly before us. In that regard, I join Justice Rice’s dissent and his analysis of Zavarelli and…