State v. Guthmiller

MESCHKE, Justice.

We remand an appeal of a criminal conviction to the trial court to determine whether there was excusable neglect for a late-filed notice of appeal.

At 7:15 p.m. on April 25, 1992, Deputy Sheriff Sergeant Bradley Kapp received a call from the state radio operator -saying that an anonymous informant had reported “a DUI driver.” The tip gave the vehicle’s description, license number, and direction. Kapp soon found the vehicle stopped at an interstate highway exit. After an investigation, Kapp arrested the vehicle’s driver, Dallas Guthmiller, for violating NDCC 39-08-01 by driving…