Demarce v. State

¶1Filed 6/13/01 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72001 ND 115

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¶11Mark Demarce, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20000303

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¶24State of North Dakota, Plaintiff and Appellee

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¶26v.

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¶28Mark Demarce, Defendant and Appellant

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¶32No. 20000304

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¶36Appeal from the District Court of Ramsey County, Northeast Judicial District, the Honorable Lee A. Christofferson, Judge.

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¶38AFFIRMED.

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¶40Per Curiam.

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¶42Michael N. Steffan, Frith & Steffan, 609 Fourth Avenue, P.O. Box 1045, Devils Lake, N.D. 58301-1045, for petitioner, defendant, and appellant.

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¶44Lonnie Olson, State’s Attorney, 524 Fourth Avenue, #16, Devils Lake, N.D. 58301, for respondent, plaintiff, and appellee.

¶45Demarce v. State and State v. Demarce

¶46Nos. 20000303 and 20000304

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¶48Per Curiam.

¶49[¶1] Mark Demarce appeals from a Northeast Judicial District Court order denying his application for post-conviction relief and his N.D.R.Crim.P. 35 motion for reduction of sentence.  Concluding the judgment of the district court is supported by findings that are not clearly erroneous, the district court did not abuse its discretion in denying Demarce’s motion for default judgment, and the district court’s disposition is supported by the record, we summarily affirm under N.D.R.App.P. 35.1(a)(2), (4), and (6).

¶50[¶2] Gerald W. VandeWalle, C.J.

¶51Dale V. Sandstrom

¶52William A. Neumann

¶53Carol Ronning Kapsner

¶54Michael O. McGuire, D.J.

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¶56[¶3] Michael O. McGuire, D.J., sitting in place of Maring, J., disqualified.