Public-domain · open source
OpenJurist

2017 ND 3

State v. Moreland

North Dakota Supreme Court

Decided January 26, 2017

North Dakota Supreme Court · decided 2017-01-26

Decided 2017-01-26

¶1Filed 1/26/17 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72017 ND 3

¶8

¶9

¶10

¶11State of North Dakota, Plaintiff and Appellee

¶12

¶13v.

¶14

¶15Andrew Rodger Moreland, Defendant and Appellant

¶16

¶17

¶18

¶19Nos. 20160267 & 20160268

¶20

¶21

¶22

¶23Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Jon J. Jensen, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

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

¶30

¶31Mark T. Blumer, P.O. Box 7340, Fargo, ND 58106, and Russell J. Myhre, P.O. Box 475, Valley City, ND 58072, for defendant and appellant; submitted on brief.

¶32State v. Moreland

¶33Nos. 20160267 & 20160268

¶34

¶35Per Curiam.

¶36[¶1] Andrew Moreland appealed a district court’s order denying his request to correct an illegal sentence.  Moreland argues it is an illegal sentence for the district court to sentence him to the maximum period of incarceration for one offense and then to subsequently place him on probation on a second offense. Because each of Moreland’s sentences were within the statutory limits imposed by N.D.C.C. § 12.1-

¶3732-01, the district court did not abuse its discretion. We summarily affirm under N.D.R.App.P. 35.1(a)(4).

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Carol Ronning Kapsner

¶40Lisa Fair McEvers

¶41Daniel J. Crothers

¶42Jerod E. Tufte

¶43

/2017/nd/3 · .json · Public domain