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State v. Isom

IN THE SUPREME COURT STATE OF NORTH DAKOTA


April 2, 2009

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
RICHARD ISOM, DEFENDANT AND APPELLANT

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Gerald H. Rustad, Judge.

Per curiam.

AFFIRMED.

[¶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

20090402

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