930 N.W.2d 615
N.D.2019Background
- Defendant Dametrian Marcel Welch was initially charged with murder; under a plea agreement the State amended count one to criminal facilitation and Welch pled guilty to criminal facilitation to murder and conspiracy to commit burglary.
- The original judgment mistakenly listed count one as "murder" with the murder statute cited.
- Welch requested a clerical correction to amend count one to "Criminal Facilitation" and cite N.D.C.C. § 12.1-06-02; the State agreed the facilitation statute should be added but proposed the title "Criminal Facilitation to Murder."
- The district court, constrained by its computer system from listing two statutes in one count, amended the judgment to cite the facilitation statute and titled the offense "Criminal Facilitation to Murder," explaining the phrase clarified the C-felony classification.
- Welch appealed, arguing the phrase "to Murder" is not the title of the facilitation statute and thus the judgment should not state a crime that is not the title of a statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by adding "to Murder" to the amended judgment title | The State: court did not abuse discretion; phrase clarifies underlying offense and classification | Welch: judgment may only state the crime as titled by statute; adding "to Murder" improperly lists a crime not titled in any statute | The court affirmed: amendment was a proper clerical correction and not an abuse of discretion; phrase clarified which underlying crime facilitation related to |
Key Cases Cited
- State v. Myers, 903 N.W.2d 520 (N.D. 2017) (standard for appellate review of district court amendments to judgments)
- State v. Peterson, 886 N.W.2d 71 (N.D. 2016) (Rule 36 limited to clerical errors, not substantive corrections)
- Peltier v. State, 841 N.W.2d 236 (N.D. 2013) (clarifies Rule 36 correction scope: accurate recording of court action)
- Sanderson v. Walsh County, 712 N.W.2d 842 (N.D. 2006) (rules interpreted using statutory construction principles)
- Bride v. Trinity Hospital, 927 N.W.2d 416 (N.D. 2019) (give words their plain, ordinary, commonly understood meaning)