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State v. Grzeskowiak

Supreme Court of North Dakota

September 23, 2014

State of North Dakota, Plaintiff and Appellee
v.
Peter John Grzeskowiak, Defendant and Appellant

Appeal from the District Court of Walsh County, Northeast Judicial District, the Honorable Laurie A. Fontaine, Judge.

Kelley M. R. Cole, Assistant State's Attorney, Grafton, ND, for plaintiff and appellee; submitted on brief.

Lee M. Grossman, Valley City, ND, for defendant and appellant; submitted on brief.

Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom.

OPINION

Per Curiam.

[¶1] Peter John Grzeskowiak appealed the denial of a motion for an extension of time to file an appeal of a criminal judgment. Grzeskowiak argues the district court abused its discretion in failing to find excusable neglect. We have previously determined the circumstances and requirements to prove excusable neglect. State v. DuPaul, 527 N.W.2d 238, 243-44 (N.D. 1995); Nastrom v. Nastrom, 1998 ND 75, ¶ 8, 576 N.W.2d 215; State v. Jones, 2002 ND 163, ¶ 7, 652 N.W.2d 369; Leftbear v. State, 2007 ND 14, ¶ ¶ 6, 10, 727 N.W.2d 252. We conclude the district court's denial of the motion did not constitute an abuse of discretion. We summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶2] Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom.


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