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State v. Lowe

Supreme Court of North Dakota

May 27, 2015

State of North Dakota, Plaintiff and Appellee
v.
Johnny Lowe, Defendant and Appellant

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

Patricia Lea Wilson, Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Thomas John Glass, Bismarck, ND, for defendant and appellant.

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

OPINION

Page 526

Crothers, Justice.

[¶1] Johnny Lowe appeals from a district court order denying his second Rule 35(b), N.D.R.Crim.P., motion. Lowe argues the district court erred by denying his motion to grant him credit for time served. We dismiss the appeal.

I

[¶2] On December 29, 2013, Lowe was booked into Morton County on Morton County case number 30-2011-CR-1042, Revocation of Probation--Possession of Methamphetamine & Possession of Drug Paraphernalia (Methamphetamine); Burleigh County case numbers 08-2013-CR-2222/2288, Failure to Appear--Driving Under Suspension & No Liability Insurance; Burleigh County case number 08-2011-CR-1792, Revocation of Probation-- Possession of Methamphetamine & Possession of Drug Paraphernalia (Methamphetamine); and Norman County, Minnesota

Page 527

case number 54-CR-13-280, Failure to Appear--Possession of Marijuana & DWI-Drugs. Lowe was held in Morton County Detention Center until March 3, 2014 and then was transferred to the North Dakota Department of Corrections.

[¶3] On March 11, 2014, Lowe was sentenced in Burleigh County cases 08-2011-CR-1792, 08-2013-CR-2222 and 08-2013-CR-2288. During the sentencing phase of Lowe's hearing, the district court explained:

" THE COURT: I'm just trying to look at your record here. Anybody know the case number in Morton County ...

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