North Dakota v. Myers

Danny Myers appealed a district court order denying his motion to correct his sentence under N.D.R.Crim.P. 35(a)(2). Myers sought to retroactively apply 2015 legislative amendments, which removed class C felony aggravated assault from the statutory provision requiring a person to serve eighty-five percent of a sentence of incarceration. The North Dakota Supreme Court concluded the court did not abuse its discretion in denying his motion under N.D.R.Crim.P. 35(a)(2) because his sentence did not contain an arithmetical, technical, or other clear error to correct. View "North Dakota v. Myers" on Justia Law