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2005 ND 160

State v. Oie

North Dakota Supreme Court

Decided September 27, 2005

North Dakota Supreme Court · decided 2005-09-27

Decided 2005-09-27

¶1Filed 9/27/05 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72005 ND159

¶8

¶9

¶10

¶11State of North Dakota, Plaintiff and Appellee

¶12

¶13v.

¶14

¶15Anthony James Moore, Defendant and Appellant

¶16

¶17

¶18

¶19No. 20050133

¶20

¶21

¶22

¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Anthony J. Moore, pro se, North Dakota State Penitentiary, P.O. Box 5521, Bismarck, N.D. 58506-5521, defendant and appellant.

¶30

¶31Birch P. Burdick, State’s Attorney, P.O. Box 2806, Fargo, N.D. 58108-2806, for plaintiff and appellee.

¶32State v. Moore

¶33No. 20050133

¶34

¶35Per Curiam.

¶36[¶1] Anthony James Moore appeals from the district court’s denial of his motion to correct an illegal sentence.  Moore argues: (1) he was improperly required to register as a sexual offender for life under a statute that does not apply to him; (2) he was required to register as a sexual offender erroneously because he is "actually innocent"; and, (3) he was denied due process by being sentenced to pay restitution without receiving notice.

¶37[¶2] Moore's claims are frivolous and completely without merit.  We summarily affirm under N.D.R.App.P. 35.1(a)(1).

¶38[¶3] Gerald W. VandeWalle, C.J.

¶39Carol Ronning Kapsner

¶40Mary Muehlen Maring

¶41Daniel J. Crothers

¶42Dale V. Sandstrom

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