March 25, 2011
STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
JAMES ELWOOD NORMAN, DEFENDANT AND APPELLANT
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.
The opinion of the court was delivered by: PerCuriam.
N.D. Supreme Court
State v. Norman,
2011 ND 66
This opinion is subject to petition for rehearing.
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State v. Norman
[¶1] James Norman appeals from a trial court order denying the State's motion for an order requiring DNA sample from Norman and denying Norman's motion resisting the State's motion and his motions for appointment of counsel and oral argument. We conclude the trial court's denial of the State's motion makes the order favorable to Norman and, therefore, not appealable. Accordingly, we dispose of Norman's appeal under N.D.R.App.P. 35.1(a)(1) and (a)(7). See, e.g., Pearce v. North Dakota Workmen's Compensation Bureau, 68 N.D. 78, 276 N.W. 917, 918 (1937) ("A party cannot appeal from a judgment wholly in his own favor since he is not aggrieved thereby.").
[¶2] Gerald W. VandeWalle, C.J. Mary Muehlen Maring Daniel J. Crothers Carol Ronning Kapsner Steven L. Marquart, D.J.
[¶3] The Honorable Steven L. Marquart, D.J., sitting in place of Sandstrom, J., disqualified.
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