State v. Booth
2015 ND 59
| N.D. | 2015Background
- Booth was charged with possession of a controlled substance, possession of drug paraphernalia, and four counts of endangerment of a child in Williams County, ND.
- Booth waived preliminary hearing and the State indicated it would seek habitual offender status.
- The State filed a notice of habitual offender status on September 27, 2012; Booth was advised of potential penalties at a September 28, 2012 hearing, and pled guilty to all counts.
- The district court sentenced Booth to ten years on each count, to be served concurrently, with 43 days credit.
- Booth moved to correct an illegal sentence under Rule 35(a)(1) arguing the one-day notice was legally insufficient; the district court denied, and Booth appealed.
- The State’s one-day notice preceded the change of plea and sentencing, but Booth had been informed of the intention to pursue habitual offender status beforehand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether one-day notice to seek habitual offender status violated § 12.1-32-09(3). | State argues notice was reasonable given Booth’s knowledge and plea agreement. | Booth contends one-day notice was legally insufficient to support the enhancement. | One-day notice reasonable; not prejudicial. |
| Whether Booth’s voluntary plea waived procedural defects in applying the habitual offender enhancement. | Booth knowingly pled guilty with awareness of habitual offender potential. | Booth did not waive any and all procedural irregularities affecting illegality of sentence. | Waiver by voluntary guilty plea; no reversible error. |
| Whether the sentence is illegal under statutory provisions or valid prior convictions. | Convictions qualify as class C felonies and support habitual offender status. | Procedural irregularities could render the sentence illegal. | Sentence not illegal; compliant with statutes and valid convictions. |
Key Cases Cited
- State v. Trieb, 516 N.W.2d 287 (ND 1994) (defines illegal sentence and proper scope of Rule 35 relief)
- State v. Carpenter, 2011 ND 20 (ND 2011) (adequacy of notice for habitual offender sentencing)
- Eaton v. State, 2001 ND 97 (ND 2001) (voluntary guilty plea waives nonjurisdictional pre-plea defects)
- State v. Kieper, 2008 ND 65 (ND 2008) (issues not raised below will not be considered on appeal)