Legal Opinion

State v. Myers

North Dakota Supreme Court

Decided November 16, 2017No. 20170094PublishedCited by 6 opinions

1Opinion of the Court

McEvers, Justice.

[¶1] Danny Myers appeals from a district court order denying his motion to correct his sentence under N.D.R.Crim.P. 35(a)(2). Myers’s motion sought to retroactively apply 2015 legislative amendments, which removed class C felony aggravated assault from the statutory provision requiring a person to serve eighty-five percent of a sentence of incarceration. We conclude the court did not abuse its discretion- in denying his motion under N.D.R.Crim.P. 35(a)(2) because his sentence did not contain an arithmetical, technical, or other clear error to correct. We affirm.

I

[¶2] In 2012,…

2Cases cited4 opinions

  1. Smith v. BaumgartnerNorth Dakota Supreme Court · 2003
  2. State v. MoosNorth Dakota Supreme Court · 2008
  3. State v. IversonNorth Dakota Supreme Court · 2006
  4. State v. PetersonNorth Dakota Supreme Court · 2016

3Cited by6 opinions

  1. State v. KolstadNorth Dakota Supreme Court · 2020
  2. State v. WelchNorth Dakota Supreme Court · 2019
  3. State v. JensenNorth Dakota Supreme Court · 2020
  4. State v. RolfsonNorth Dakota Supreme Court · 2018
  5. Garcia v. StateNorth Dakota Supreme Court · 2019

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