State v. Myers
North Dakota Supreme Court
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
- Smith v. BaumgartnerNorth Dakota Supreme Court · 2003
- State v. MoosNorth Dakota Supreme Court · 2008
- State v. IversonNorth Dakota Supreme Court · 2006
- State v. PetersonNorth Dakota Supreme Court · 2016
3Cited by6 opinions
- State v. KolstadNorth Dakota Supreme Court · 2020
- State v. WelchNorth Dakota Supreme Court · 2019
- State v. JensenNorth Dakota Supreme Court · 2020
- State v. RolfsonNorth Dakota Supreme Court · 2018
- Garcia v. StateNorth Dakota Supreme Court · 2019
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