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State v. Kopperud

Supreme Court of North Dakota

May 27, 2015

State of North Dakota, Plaintiff and Appellee
v.
Julie Ann Kopperud, Defendant and Appellant

Appeal from the District Court of Dickey County, Southeast Judicial District, the Honorable Daniel D. Narum, Judge.

Gary D. Neuharth, State's Attorney, Ellendale, N.D., for plaintiff and appellee; submitted on brief.

Jason R. Butts, Wahpeton, N.D., for defendant and appellant; submitted on brief.

Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner, Gerald W. VandeWalle, C.J. Opinion of the Court by McEvers, Justice. VandeWalle, Chief Justice, concurring specially.

OPINION

Page 853

McEvers, Justice.

[¶1] Julie Ann Kopperud appeals from a district court order granting the State's motion to pay $1,317.70 in jury expenses. We reverse and vacate the district court's order.

I

[¶2] Kopperud was charged with reckless driving, a class B misdemeanor. A jury trial was scheduled for November 17, 2014. Kopperud failed to appear at the time of the trial and the jurors were dismissed. The district court issued a bench warrant for Kopperud's arrest. Kopperud was arrested the next day. In a " Motion To Reimburse Trial Expenses," the State moved the district court requesting Kopperud be ordered " to reimburse Dickey County $1,317.70 for Jury Expenses incurred in the trial State of North Dakota versus Julie Ann Kopperud . . . ." (Emphasis added.) On December 9, 2014, Kopperud pled guilty to reckless driving and was sentenced under a plea agreement. The district court granted the State's motion. The order, titled " Order Granting Motion to Pay Jury Expenses," provides:

The Court being fully advised in the premises and having found the Brief in support of the Motion herein to be meritorious, ORDERS that the Defendant reimburse the State $1,317.70 for expenses incurred for her requested and scheduled jury trial on November 17, 2014, at which the Defendant without just cause failed to appear and therefore the jury had to be dismissed.

( Emphasis added.) Kopperud appealed.

II

[¶3] On appeal, Kopperud argues the district court erred when it ordered her to reimburse the State for expenses incurred for a jury trial because jury expenses may not be assessed in a criminal case, under N.D.R.Crim.P. 23.1.

[¶4] " The interpretation of a court rule or a statute is a question of law that we review de novo. When we interpret a rule or a statute, we apply the rules of statutory construction and look at the language of the rule or statute to determine its meaning." State v. Chacano,2012 ND 113, ¶ 10, 817 N.W.2d 369 (citation omitted) (quotation marks omitted). Rule 23.1, N.D.R.Crim.P., states: " Jury expenses may not be ...


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