State v. Steen

KAPSNER, Justice.

[¶ 1] Duane F. Steen (“Steen”) appeals from a district court order vacating a Rule 35(b), N.D.R.Crim.P., reduction in sentence. We conclude the district court act ed beyond the 120-day period permitted by Rule 35(b); therefore, the district court did not have the power to reduce Steen’s criminal sentence. The district court order vacating Steen’s sentence reduction is affirmed.

I

[¶ 2] Steen pled guilty to three charges of possession of a controlled substance, class C felonies; simple assault, a class C felony; delivery of a controlled substance (methamphetamine), a class AA…