Peltier v. State, 841 N.W.2d 236

Peltier pled guilty in 2008 to felony solicitation of minors, felony sexual assault, and misdemeanor failure to register as a sexual offender.
Postconviction relief sought after over four years, claiming ineffective assistance, due process issues, identity of offenses, illegal sentencing, and statute unconstitutionality.
District court found solicitation of minors was improperly charged but dismissed other claims; amended the solicitation conviction to a misdemeanor and reduced sentence to one year.
On appeal, Peltier challenged the amendment of the solicitation charge and the sentencing on that charge.
Peltier also argued the failure-to-register probation was mischaracterized as mandatory; the court considered penalty schemes under multiple chapters.
Court ultimately affirmed the district court, holding amendments proper and the probationary sentence appropriately mandatory for failure-to-register.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the amendment of the solicitation charge was proper	Peltier	Peltier	Yes; clerical/form error allowed under Rule 36; sentencing corrected under Rule 35.
Whether the failure-to-register probation was mandatory or permissive	Peltier	Peltier	Mandatory probation proper; statute 12.1-32-15(9) governs and supports mandatory term.
Whether Peltier could withdraw guilty pleas given penalties and advisement	Peltier	Peltier	District court did not abuse discretion; withdrawal not warranted given penalty information.

Greywind v. State, 2004 ND 213, 689 N.W.2d 390 (ND 2004) (appeals postconviction standards and review of legal questions on appeal)
Peltier v. State, 2003 ND 27, 657 N.W.2d 238 (ND 2003) (earlier regarding plea withdrawal considerations and related issues)
State v. Igou, 2005 ND 16, 691 N.W.2d 213 (ND 2005) (Rule 35 resentencing after corrected conviction; illegal sentence remedy)
State v. Treis, 1999 ND 136, 597 N.W.2d 664 (ND 1999) (Rule 36 clerical errors and judgment corrections)