State v. Schuler

PEDERSON, Judge.

Defendant filed a motion in this court pursuant to Rule 9, N.D.R.App.P., and Rule 46(d), N.D.R.Crim.P., for an order granting her release pending appeal from a judgment of conviction. The motion is supported by the affidavit of defendant’s attorney, wherein it is stated that: (1) he is defendant’s attorney; (2) defendant sent him a letter saying that defendant had decided to take her case to a higher court; (3) he received that letter on November 14, 1975; (4) that letter requested him to appeal; and (5) that letter was timely under Rule 45(e), N.D.R.Crim.P. 1 Also attached to…