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2023 ND 10

State v. Moore

North Dakota Supreme Court

Decided January 20, 2023

North Dakota Supreme Court · decided 2023-01-20

A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Relies on State v. Corman

Decided 2023-01-20

                                                                                 FILED
                                                                         IN THE OFFICE OF THE
                                                                      CLERK OF SUPREME COURT
                                                                            JANUARY 20, 2023
                                                                       STATE OF NORTH DAKOTA




                  IN THE SUPREME COURT
                  STATE OF NORTH DAKOTA

                                 
2023 ND 10



State of North Dakota,                                  Plaintiff and Appellee
      v.
Lakeitha Chevette Moore,                             Defendant and Appellant



                                No. 20220242

Appeal from the District Court of Grand Forks County, Northeast Central
Judicial District, the Honorable Lolita G. Hartl Romanick, Judge.

AFFIRMED.

Per Curiam.

Carmell F. Mattison, Assistant State’s Attorney, Grand Forks, ND, for plaintiff
and appellee; submitted on brief.

Laura C. Ringsak, Bismarck, ND, for defendant and appellant; submitted on
brief.
                               State v. Moore
                                No. 20220242

Per Curiam.

[¶1] Lakeitha Moore appeals from a criminal judgment after pleading guilty
to conspiracy to deliver a controlled substance, a class B felony. The district
court considered the relevant sentencing factors under N.D.C.C. § 12.1-32-04,
and sentenced Moore to ten years in prison, with five years suspended and two
years of supervised probation. Moore argues the court did not appropriately
weigh or consider the relevant sentencing factors.

[¶2] After reviewing the record, the court did not abuse its discretion in
sentencing Moore. The court sentenced Moore within the statutory range for a
class B felony, and she makes no showing the court relied on an impermissible
factor. See State v. Corman, 
2009 ND 85, ¶ 15
, 
765 N.W.2d 530
 (“Appellate
review of a criminal sentence is generally confined to whether the court acted
within the sentencing limits prescribed by statute, or substantially relied upon
an impermissible factor.”). We summarily affirm under N.D.R.App.P.
35.1(a)(4).

[¶3] Jon J. Jensen, C.J.
     Gerald W. VandeWalle
     Daniel J. Crothers
     Lisa Fair McEvers
     Jerod E. Tufte




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