Legal Opinion

State v. Clark

North Dakota Supreme Court

Decided August 18, 2011No. Nos. 20100372, 20100373PublishedCited by 2 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Branden Clark appeals from an order denying his motion for correction of sentence. Clark argues his sentences are illegal because they merged with his sentences in two other cases and his due process rights were violated by the delay in holding a hearing on the petition to revoke his probation. We affirm.

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[¶ 2] On January 19, 2005, Clark was convicted of theft by deception, a class C felony, in case number 18-04-K-0951 (“951”) and issuing a check without sufficient funds or without an account, a class C felony, in case number 18-04-K-1418 (“1418”). He was sentenced to…

2Cases cited23 opinions

  1. Moody v. DaggettSupreme Court of the United States · 1976
  2. State v. TracyMontana Supreme Court · 2005
  3. Harris v. Commissioner of CorrectionSupreme Court of Connecticut · 2004
  4. State v. MeesNorth Dakota Supreme Court · 1978
  5. United States v. Carlos Sanchez, Adam Diaz, Victor Perez, Alberto Palma and Ysrael PalmaCourt of Appeals for the Second Circuit · 2000

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3Cited by2 opinions

  1. Peterka v. StateNorth Dakota Supreme Court · 2015
  2. State v. VandermeerNorth Dakota Supreme Court · 2014

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