Legal Opinion

State v. Comes

North Dakota Supreme Court

Decided April 11, 2019No. 20180312PublishedCited by 6 opinions

1Opinion of the Court

McEvers, Justice.

[¶1] Marlon Comes appeals from a district court's second amended criminal judgment entered over twenty years after the original criminal judgment. We vacate the second amended judgment and remand, concluding the district court abused its discretion by sua sponte amending the criminal judgment without providing the parties notice of its intent to amend the judgment.

I

[¶2] In 1996, the State charged Comes with murder, a class AA felony, and robbery, a class A felony. Comes pleaded guilty to both charges and the district court sentenced him on the murder charge to life…

2Cases cited4 opinions

  1. State v. RuebNorth Dakota Supreme Court · 1976
  2. State v. GrayNorth Dakota Supreme Court · 2017
  3. State v. PetersonNorth Dakota Supreme Court · 2016
  4. Comes v. StateNorth Dakota Supreme Court · 2018

3Cited by6 opinions

  1. State v. GlasserNorth Dakota Supreme Court · 2021
  2. Comes v. StateNorth Dakota Supreme Court · 2021
  3. State v. NeugebauerNorth Dakota Supreme Court · 2021
  4. State v. CaspersNorth Dakota Supreme Court · 2025
  5. State v. ErickstadNorth Dakota Supreme Court · 2025

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