State v. Ertelt

NEUMANN, Justice.

[¶ 1] John Wayne Ertelt appeals the district court’s decision arguing the court committed reversible error by denying his motion to correct his illegal sentence. We affirm.

[IF 2] On December 20, 1993, Ertelt was convicted of simple assault after repeatedly striking his daughter in the face. Ertelt was fined $100 and ordered to pay court costs, but he did not receive a jail sentence.

[¶ 3] In September 1996, Ertelt brought a motion, under Rule 35, N.D.R.Crim.P., alleging the sentence was illegal. The district court upheld the conviction finding the sentence was appropriate and…