State v. Greer, 962 N.W.2d 217

Kenneth Greer pled no contest to second degree assault (Class IIA) after causing a high-speed, alcohol-related collision that left a 6-year-old passenger partially paralyzed.
Data showed Greer was driving 67 mph in a 25 mph zone; his BAC was .311. He smelled of alcohol and failed a preliminary breath test at the scene.
Greer has prior criminal history including two prior DUIs, a felony possession conviction, multiple probation violations, and a revoked driver’s license; the PSR recommended incarceration.
At sentencing the court considered the PSR, victim impact (long-term paralysis, large medical costs, family PTSD), Greer’s remorse, age (51), education, health, and criminal record and imposed 19–20 years’ imprisonment.
Greer first filed an appeal with an in forma pauperis affidavit bearing an expired notary stamp; that appeal was dismissed by stipulation. He timely filed a second, properly perfected appeal within the statutory 30-day period.
Greer challenged the sentence as excessive, arguing the district court failed to adequately consider mitigating factors; the State maintained the sentence was within statutory limits and properly grounded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court has jurisdiction over Greer’s refiled appeal after dismissal of the first appeal	Greer: his second, properly perfected appeal is timely and establishes jurisdiction	State: the second appeal is properly before the court (parties agreed jurisdiction existed)	Court: first appeal was never perfected (expired notary) and thus a legal nullity; jurisdiction attached when Greer properly perfected the second appeal
Whether the 19–20 year sentence is excessive / abuse of discretion	Greer: district court failed to adequately consider mitigating factors (age, education, mentality, history) and sentenced to fit the crime, not the offender	State: sentence is within statutory limits; court considered PSR and appropriate factors including victim harm and defendant’s record	Court: no abuse of discretion; court considered relevant factors and sentence was not untenable; affirmed

Porter v. Porter, 959 N.W.2d 235 (2021) (appellate jurisdiction questions are legal issues for review)
State v. Melton, 953 N.W.2d 246 (2021) (an in forma pauperis appeal is perfected by timely notice plus a proper poverty affidavit)
State v. Gray, 949 N.W.2d 320 (2020) (standard for reviewing within‑statutory‑limit sentences)
L. J. Vontz Constr. Co. v. City of Alliance, 500 N.W.2d 173 (1993) (dismissal of a properly perfected appeal without merits operates as an affirmance)
In re Estate of Marsh, 17 N.W.2d 471 (1945) (same general rule regarding dismissed appeals)
State v. Miller, 481 N.W.2d 580 (1992) (dismissed, unperfected proceedings are legal nullities; “nothing comes from nothing”)
State v. McCulley, 939 N.W.2d 373 (2020) (sentencing courts need not recite each sentencing factor or specific weight on the record)