State v. Mees

SAND, Justice.

This is an appeal by the defendant, Mees, from a denial of a motion for post-conviction relief under Chapter 29-32 of the North Dakota Century Code. The issue presented is whether or not a North Dakota sentence of imprisonment may be imposed upon a defendant to commence on the date of his release from federal custody when at the time of state sentencing the defendant was awaiting sentencing by a federal court.

Dennis Mees, the defendant, pleaded guilty on 14 January 1976 to charges of armed robbery, kidnapping, and aggravated assault and battery in Grant County district court. He…