State of North Dakota, Plaintiff and Appellee
v.
George Robert Lyons, Defendant and Appellant
No. 20240326
Appeal from the District Court of Grand Forks County, Northeast Central
Judicial District, the Honorable John A. Thelen, Judge.
AFFIRMED.
Per Curiam.
Rachel R. Egstad, Assistant State’s Attorney, Grand Forks, N.D., for plaintiff and
appellee; on brief.
Samuel A. Gereszek, Grand Forks, N.D., for defendant and appellant; on brief.
State v. Lyons
No. 20240326
Per Curiam.
[¶1] George Robert Lyons appeals from a district court order denying his Rule
35, N.D.R.Crim.P., motion to correct an illegal sentence. On appeal, Lyons argues
the district court erred by denying his Rule 35 motion, because his convictions
were barred by the statute of limitations. We have held “N.D.R.Crim.P. 35(a)
may only be used to correct an illegal sentence. It cannot be used to attack the
underlying conviction.” Keller v. State,
(quoting the N.D.R.Crim.P.
35, Explanatory Note, stating “it is presupposed that the conviction upon which
the sentence has been imposed is valid”)). Lyons argues his sentence was illegal
only because the underlying conviction is void for lack of jurisdiction. A Rule 35
motion is not the proper procedure to collaterally attack the conviction.
[¶2] “The Uniform Postconviction Procedure Act is the exclusive remedy for
collaterally challenging a judgment of conviction or sentence.” State v. Eagleman,
, 14 N.W.3d 912 (cleaned up); see also N.D.C.C. § 29-32.1-01(4)
(“Except as otherwise provided in this chapter, a proceeding under [N.D.C.C. ch.
29-32.1] replaces all other common law, statutory, or other remedies available
before July 1, 1985, for collaterally challenging the validity of the judgment of
conviction or sentence. It is to be used exclusively in place of them.”). We
summarily affirm the district court order under N.D.R.App.P. 35.1(a)(4) and (7).
Lyons v. State,
, 2 N.W.3d 679 (affirming the dismissal of Lyons’
postconviction claim that his convictions were barred by the statute of
limitations because Lyons’ application was untimely under N.D.C.C. § 29-32.1-
01(2)).
[¶3] Jerod E. Tufte, Acting C.J.
Daniel J. Crothers
Lisa Fair McEvers
Douglas A. Bahr
William A. Herauf, D.J.
[¶4] The Honorable William A. Herauf, District Judge, sitting in place of Jensen,
C.J., disqualified.
1
