Joshua Cook, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20220271
Appeal from the District Court of Cass County, East Central Judicial District,
the Honorable Steven E. McCullough, Judge.
AFFIRMED.
Per Curiam.
Kiara C. Kraus-Parr, Grand Forks, ND, for petitioner and appellant.
Nicholas S. Samuelson (argued) and Kara S. Olson (on brief), Assistant State’s
Attorneys, Fargo, ND, for respondent and appellee.
Cook v. State
No. 20220271
Per Curiam.
[¶1] Joshua Cook appeals from a district court’s judgment denying his
application for post-conviction relief. The court considered N.D.C.C. § 29-32.1-
12(1) and found that Cook’s claim was fully and finally determined during the
appeal of his criminal conviction. Cook argues the court erred because it did not
apply what he characterizes as an ameliorative penal change to N.D.C.C. § 19-
03.1-23(2) that went into effect after his sentencing date but before his conviction
was affirmed on appeal.
[¶2] After reviewing the record, the district court did not err in its findings of
fact or conclusions of law. The court did not err in relying on our prior decision
in State v. Cook,
, that determined Cook was
properly sentenced under the law in effect at the time of the sentencing hearing
and prior to the effective date of the statutory amendment. We summarily affirm
under N.D.R.App.P. 35.1(a)(2) and (7).
[¶3] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Douglas A. Bahr
Daniel D. Narum, D.J.
[¶4] The Honorable Daniel D. Narum, D.J., sitting in place of Tufte, J.,
disqualified.
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