North Dakota v. Neilan
Annotate this CaseThe State of North Dakota appealed an amended judgment entered after the district court modified Bradley Neilan’s sentence under North Dakota Rule of Criminal Procedure 35(b). In 2019, Neilan was arrested for possession of marijuana with the intent to deliver. On February 9, 2021, the parties appeared at a change of plea hearing. At the hearing, the State detailed a plea agreement in which it dropped the firearm enhancements from Neilan’s charges, removing the mandatory minimum sentences. The plea agreement provided that Neilan would be incarcerated for four years with all but 18 months suspended. At the hearing, in response to the district court inquiry as to why the State was seeking incarceration rather than probation, the State indicated that if the plea agreement was rejected the State would withdraw the proposed amendments and pursue the mandatory minimum sentencing. Neilan confirmed his preference to accept the plea agreement. The court, noting the State was giving it “zero option,” accepted the agreement and stated it would sentence Neilan to its terms. The day following the district court's accepting the plea agreement, the court signed and entered a judgment consistent with the terms of the plea agreement. Later that day, the court initiated its own N.D.R.Crim.P. 35(b) motion to consider reducing the sentence from incarceration to probation. On appeal to the North Dakota Supreme Court, the State argued the court was precluded from modifying a sentence imposed pursuant to a plea agreement or, in the alternative, the court abused its discretion by modifying the sentence. Neilan challenged the State’s right to appeal. The Supreme Court concluded the court’s reduction of Neilan’s sentence was appealable, the plain language of N.D.R.Crim.P. 35(b) provided the court with the authority to exercise its discretion in reducing a sentence, and, in this case, the court abused its discretion in reducing Neilan’s sentence. However, as mandated by N.D.C.C. 29-28-35, the Supreme Court's opinion was limited to affirming the sentence imposed by the court and pointing out the error in the proceeding. The Court, accordingly, affirmed the amended judgment.
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