939 N.W.2d 1
N.D.2020Background
- Jensen was on parole in December 2017, arrested ~10 days after release on drug and license-plate charges, and remained jailed through his August 2018 trial.
- At trial Jensen was convicted; in October 2018 he was sentenced to four years, with 94 days’ credit for time served from July 1 to October 2, 2018.
- In August 2019 Jensen moved under N.D.R.Crim.P. 35(a)(1) to correct an illegal sentence, seeking credit for time jailed beginning with his December 2017 arrest.
- The State filed an answer brief arguing Jensen was not entitled to additional credit because he was held on a parole violation and other charges.
- The district court denied Jensen’s motion the next day, before the seven-day reply period for the moving party under N.D.R.Ct. 3.2(a)(2) had expired.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by ruling before the reply period under N.D.R.Ct. 3.2(a)(2) expired | The State proceeded on the merits and opposed additional credit; court could deny the motion based on the answer | Jensen argued he was entitled to the seven-day reply period after the State’s answer under N.D.R.Ct. 3.2(a)(2) before the motion was considered | Reversed and remanded: district court abused its discretion by deciding before the reply period expired; Jensen must be given opportunity to respond |
| Whether Jensen is entitled to jail credit for Dec 2017–Oct 2018 | Jensen not entitled because detention was for parole violation and other charges | Jensen sought credit for all time incarcerated from Dec 2017 arrest through sentencing | Not decided on the merits; remanded for further proceedings after compliance with Rule 3.2(a)(2) |
Key Cases Cited
- State v. Peterson, 886 N.W.2d 71 (N.D. 2016) (abuse-of-discretion standard for amending judgments)
- State v. Moos, 758 N.W.2d 674 (N.D. 2008) (standards for district court discretion review)
- State v. Myers, 903 N.W.2d 520 (N.D. 2017) (discussion of abuse-of-discretion review)
- State v. Vogt, 933 N.W.2d 916 (N.D. 2019) (district court may not dismiss or decide on its own motion without notice and opportunity under N.D.R.Ct. 3.2)