State v. Lesmeister

PEDERSON, Justice.

Lesmeister has applied to this court for release pending appeal, as he may do pursuant to Rule 9(b), NDRAppP, and Rule 46(d), NDRCrimP. He previously made application to the Stark County Court With Increased Jurisdiction for a stay of the sentence of imprisonment pursuant to Rule 38(a)(2), NDRCrimP, and release pending appeal pursuant to Rule 9(b), NDRAppP. The Stark County Court With Increased Jurisdiction denied the stay and release pending appeal for the following reasons:

“(1) The Court believes the appeal to be frivolous.(2) The defendant is not appealing from a Judgment…