State v. Marshall

KAPSNER, Justice.

[¶ 1] Floyd Solomon Marshall, Sr., appealed from a district court order denying his motion for correction of sentence. We hold the trial court did not err in determining Marshall was a dangerous special offender under N.D.C.C. § 12.1-32-09(l)(c) (1993). Because Marshall’s criminal judgment and commitment indicates he pled guilty to burglary but a jury actually convicted him of accomplice to burglary, we direct the district court to correct that error. We therefore affirm the denial of Marshall’s motion for correction of sentence and remand for correction of the clerical error…