In a criminal case, a defendant's notice of appeal must be filed with the clerk of the supreme court within 30 days after the entry of the judgment or order being appealed. The timely filing of a notice of appeal is mandatory and jurisdictional and cannot be waived by the appellate court.
State of North Dakota, Plaintiff and Appellee
v.
Dean Allen Benter, Defendant and Appellant
No. 20240287
Appeal from the District Court of Stutsman County, Southeast Judicial District,
the Honorable Troy J. LeFevre, Judge.
DISMISSED.
Opinion of the Court by Jensen, Chief Justice.
John M. Gonzalez, Assistant State’s Attorney, Jamestown, ND, for plaintiff and
appellee; submitted on brief.
Justin M. Balzer, Bismarck, ND, for defendant and appellant; submitted on brief.
State v. Benter
No. 20240287
Jensen, Chief Justice.
[¶1] Dean Benter appeals from a criminal judgment entered after a bench trial.
He argues the evidence is insufficient to support the district court’s finding that
he failed to register as a sexual offender. We dismiss the appeal for lack of
jurisdiction.
[¶2] The district court entered criminal judgment on April 29, 2024. Benter filed
a timely notice of appeal, which was docketed as No. 20240134. We subsequently
dismissed Benter’s first appeal for failure to proceed, and he submitted a petition
for rehearing that was rejected as untimely. Benter then filed this second notice
of appeal on October 15, 2024.
[¶3] “In a criminal case, a defendant’s notice of appeal must be filed with the
clerk of the supreme court within 30 days after the entry of the judgment or order
being appealed.” N.D.R.App.P. 4(b)(1)(A). “The timely filing of a notice of appeal
is mandatory and jurisdictional, and cannot be waived by the appellate court.”
Rahn v. State,
. Benter filed notice of this
appeal approximately 5½ months after the district court entered its criminal
judgment. His appeal is untimely. The appeal is dismissed for lack of
jurisdiction.
[¶4] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
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