State v. Rath

McEvers, Justice.

[¶ 1] Mark Rath appeals from a district court order denying his petition to correct his sentence or declare a “mistrial” based on his claim of prejudicial sentencing. We conclude the court did not abuse its discretion in denying Rath’s petition under N.D.R,Crim.P. 35 because' his sentence was not illegal. We treat his -request on appeal, however, as a request for a writ of supervision based on the district court’s oral pronouncement during his resentenc-ing in 2012 for a felony that he would keep his “misdemeanor disposition.” We conclude this is an appropriate case to…