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State v. Steen

IN THE SUPREME COURT STATE OF NORTH DAKOTA


April 2, 2009

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
DUANE FRANCIS STEEN, DEFENDANT AND APPELLANT

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge.

Per curiam.

AFFIRMED.

[¶1] Duane Francis Steen appealed from a district court order denying him credit for time spent in custody. The district court found, and Steen does not dispute, that he received credit in other criminal cases for the time served. Steen has failed to meet his burden of showing that he is entitled to additional credit for time served in custody. See State v. Rodriquez, 2008 ND 157, ¶¶ 8-11, 755 N.W.2d 102 ("`[W]hen time spent in custody is credited toward an unrelated charge, a defendant is not entitled to credit in another sentence.'" (citations omitted)). We summarily affirm the district court order denying Steen's motions under N.D.R.App.P. 35.1(a)(2).

[¶2] Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom

20090402

© 1992-2009 VersusLaw Inc.



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