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2011 ND 86

Citibank v. Peterson

North Dakota Supreme Court

Decided May 11, 2011

North Dakota Supreme Court · decided 2011-05-11

Decided 2011-05-11

¶1Filed 5/11/11 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72011 ND 79

¶8

¶9

¶10

¶11State of North Dakota, Plaintiff and Appellee

¶12

¶13v.

¶14

¶15Jaimie Lee Mudge, Defendant and Appellant

¶16

¶17

¶18

¶19Nos. 20100368 - 20100371

¶20

¶21

¶22

¶23Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Faye A. Jasmer (on brief), Assistant State’s Attorney, P.O. Box 5607, Grand Forks, ND 58206-5607, for plaintiff and appellee.

¶30

¶31Kent M. Morrow (on brief), P.O. Box 2155, Bismarck, ND 58502-2155, for defendant and appellant.

¶32State v. Mudge

¶33Nos. 20100368 - 20100371

¶34

¶35Per Curiam.

¶36[¶1] Jaimie Mudge appealed from a criminal judgment and order denying his request for modification of his sentence.  Mudge argues the district court erred in construing his letters as applications for post-conviction relief and in denying his requested relief.  We conclude the judgment of the district court is based on findings of fact that are not clearly erroneous and that the district court did not abuse its discretion in construing Mudge’s letters as applications for post-conviction relief.  We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (4).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Dale V. Sandstrom

¶39Daniel J. Crothers

¶40Mary Muehlen Maring

¶41Carol Ronning Kapsner

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