April 2, 2009
STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
RICHARD ISOM, DEFENDANT AND APPELLANT
Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Gerald H. Rustad, Judge.
[¶1] Richard Isom appeals from a district court order denying his motion for credit for time served. Isom argues the district court clearly erred in failing to give him credit for time served in custody. Isom has not met his burden of showing he is entitled to additional credit for time served. See Cue v. State, 2003 ND 97, ¶ 12, 663 N.W.2d 637. We conclude the district court did not clearly err in denying Isom's motion, and we affirm the district court's order 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
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