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State of North Dakota v. Lonnie A. Howard

June 21, 2011

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
LONNIE A. HOWARD, DEFENDANT AND APPELLANT



Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

The opinion of the court was delivered by: Kapsner, Justice.

N.D. Supreme Court

State v. Howard,

2011 ND 117

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as WordPerfect]

AFFIRMED.

Opinion of the Court by Kapsner, Justice.

State v. Howard

No. 20110008

[¶1] Lonnie A. Howard appeals the district court order denying his motion to withdraw his plea of guilty to delivery of methamphetamine. The district court did not abuse its discretion by denying Howard's motion to withdraw his guilty plea. We affirm.

I

[ΒΆ2] On two occasions, a confidential police informant bought tablets believed to be ecstasy, but were actually methamphetamine, from Kayla Bruning. On both occasions, Howard drove Bruning to pick up the tablets from a supplier and drove her to the site where the informant bought the tablets. The informant entered Howard's vehicle and bought the tablets in the vehicle while Howard was present. According to Howard and Bruning, Bruning put the tablets on the center console in the vehicle, and the informant picked up the tablets from the console and put the money on the console. These facts formed the factual basis to support Howard's plea of guilty to conspiracy to deliver methamphetamine, delivery of methamphetamine, and conspiracy to deliver ecstasy. Howard was sentenced to ten years in prison with all ten years suspended on each of the conspiracy counts. Howard was sentenced to ten years in prison with no time suspended on the delivery charge. After sentencing, Howard made a motion in the district court to withdraw his plea of guilty to delivery of methamphetamine. Howard argued he had not touched the methamphetamine or money, and he was actually innocent of delivery. Howard argued the factual basis offered by the State did not support his guilty plea to delivery of methamphetamine. The State argued Howard admitted to driving the vehicle that transported ...


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