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State of North Dakota, Plaintiff and Appellee v. Branden Thurman Clark

August 18, 2011

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
BRANDEN THURMAN CLARK,
DEFENDANT AND APPELLANT



Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.

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

N.D. Supreme CourtState

v.

Clark,

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

[Download as WordPerfect]

2011 ND 157

AFFIRMED.

Opinion of the Court by Kapsner, Justice.

[¶1] Branden Clark appeals from an order denying his motion for correction of sentence. Clark argues his sentences are illegal because they merged with his sentences in two other cases and his due process rights were violated by the delay in holding a hearing on the petition to revoke his probation. We affirm.

I

[¶2] On January 19, 2005, Clark was convicted of theft by deception, a class C felony, in case number 18-04-K-0951 ("951") and issuing a check without sufficient funds or without an account, a class C felony, in case number 18-04-K-1418 ("1418"). He was sentenced to eighteen months in prison, with fifteen months suspended, and three years probation in each case. Clark received credit for time served prior to his conviction and he was released from incarceration on approximately February 15, 2005.

[¶3] On April 19, 2005, Clark was convicted of theft of property, a class C felony, in case number 18-04-K-2454 ("2454"). He was sentenced to five years in prison with three years suspended and five years probation. On November 23, 2005, Clark was convicted of theft of services, a class C felony, in case number 18-05-K-2075 ("2075"). He was sentenced to five years in prison with three years and six months suspended and three years and six months probation.

[ΒΆ4] On December 8, 2005, the State filed a petition to revoke Clark's probation in cases 951 and 1418. An order to apprehend was attached to the petition and was signed on December 7, 2005. An order to apprehend warrant was issued on December 8, 2005. Clark was in the custody of the Department of Corrections at the time serving his sentences in 2454 and 2075, but he was not served with the petition and warrant. Clark received a copy of the petition, and in January 2006 he filed a motion to appear telephonically or by interactive television and he demanded a speedy trial. In ...


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