Dolence v. State

KITE, Justice.

[¶ 1] Appellant Robert Dolence appeals from the district court’s order denying his petition for an order nunc pro tunc. 1 He argues that the district court erred by refusing to grant an order nunc pro tunc to establish a minimum term for his life sentence. We conclude Mr. Dolence’s appeal is barred under the doctrine of res judicata.

ISSUES

[¶2] Mr. Dolence presents the following issues on appeal:

I. Did the trial court properly deny appellant’s petition for an order nunc pro tunc?

II. Assuming that an order nunc pro tunc was an appropriate procedural means to challenge appellant’s…