Peltier v. North Dakota

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Justia Opinion Summary

Tydise Peltier appealed an amended criminal judgment of conviction and a district court judgment dismissing in part his application for post-conviction relief and amending the criminal judgment and sentence in his case. Upon review of the matter, the Supreme Court concluded the district court did not err when it amended the judgment of conviction and resentenced Peltier. Furthermore, the Court held that Peltier's probationary sentence on the failure-to-register charge was appropriately categorized as mandatory. Therefore, the Court affirmed the district court judgments.

Court Description: A clerical error correctable under N.D.R.Crim.P. 36 includes a failure to accurately record action taken by the court, but the rule does not extend to correction of errors of substance. Resentencing under N.D.R.Crim.P. 35 is proper in order to correct an illegal sentence. Probationary sentences for conviction of the crime of failure to register as a sexual offender are imposed under N.D.C.C. 12.1-32-15(9), not N.D.C.C. 12.1-32-06.1(3).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2013 ND 246

Tydise Reed Peltier, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20120447

State of North Dakota, Plaintiff and Appellee
v.
Tydise Reed Peltier, Defendant and Appellant

No. 20130010

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