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State of North Dakota v. Steven D. Evans

January 12, 2012

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
STEVEN D. EVANS, DEFENDANT AND APPELLANT STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
STEVEN DUANE EVANS,
DEFENDANT AND APPELLANT



Appeal from the District Court of Kidder County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge. 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: VandeWalle, Chief Justice.

N.D. Supreme CourtState

v.

Evans, 2012 ND 10

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

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AFFIRMED AND REMANDED.

DISMISSED.

Opinion of the Court by VandeWalle, Chief Justice.

State v. EvansNos.

20110086 & 20110199

[¶1] Steven Evans appealed from a Kidder County district court order denying his motion to amend judgment, and from a Burleigh County district court order denying his motion for reconsideration of its order that denied his motion to amend judgment. We dismiss the appeal from the Burleigh County order, affirm the Kidder County order, and remand for further proceedings.

I.

[ΒΆ2] Evans was sentenced in Kidder County to three years' imprisonment on charges of burglary and theft of property. Evans had criminal charges related to the same incident pending in Burleigh County at that time. At sentencing, the Kidder County State's Attorney recommended the Kidder County sentences run concurrently to the sentences Evans would ultimately receive in Burleigh County. The Kidder County district court informed Evans several times it could not bind the Burleigh County district court to run its sentences concurrently to the Kidder County sentences, and Evans stated he understood. The Kidder County criminal judgment, however, ordered Evans's sentences "shall run concurrently and concurrently with [the] Burleigh County Case[s]." Evans was subsequently sentenced in Burleigh County to five years' imprisonment with all but 180 days suspended on the charge of fleeing or attempting to elude a peace officer, and 180 days' imprisonment on the charge of possession of marijuana by a driver. The Burleigh ...


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