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2017 ND 9

Ashley v. State

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 9

¶8

¶9

¶10

¶11Vernon Ashley, Petitioner and Appellant

¶12

¶13v.

¶14

¶15State of North Dakota, Respondent

¶16

¶17

¶18

¶19No. 20160238

¶20

¶21

¶22

¶23Appeal from the District Court of Sargent County, Southeast Judicial District, the Honorable Daniel D. Narum, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Vernon E. Ashley, self-represented, P.O. Box 5521, Bismarck, ND 58506, petitioner and appellant; on brief.

¶30

¶31State of North Dakota, respondent; no appearance.

¶32Ashley v. State

¶33No. 20160238

¶34

¶35Per Curiam.

¶36[¶1] Vernon Ashley appealed a district court’s order denying his motion for post-

¶37conviction relief. In his motion, Ashley argued the district court should reduce his sentence for a multitude of reasons. The district court determined Ashley’s motion was simply a renewed motion to reduce his sentence which the district court had denied in 2015 for being untimely. The district court denied Ashley’s post-conviction relief motion for being meritless. We summarily affirm under N.D.R.App.P. 35.1(a)(1).

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Carol Ronning Kapsner

¶40Lisa Fair McEvers

¶41Daniel J. Crothers

¶42Dale V. Sandstrom, S.J.

¶43

¶44[¶3] The Honorable Jerod E. Tufte was not a member of the Court when this case was heard and did not participate in this decision.  Surrogate Judge Dale V. Sandstrom, sitting.

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