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State v. Gates

Supreme Court of North Dakota

July 1, 2015

State of North Dakota, Plaintiff and Appellee
v.
Joan Leslie Gates, Defendant and Appellant; Joan Leslie Gates, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from the District Court of Renville County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.

Marvin K. Madsen, State's Attorney, Mohall, N.D., for plaintiff, respondent, and appellee; submitted on brief.

Joan Gates, Sherwood, N.D., defendant, petitioner, and appellant; submitted on brief.

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

OPINION

Page 817

Kapsner, Justice.

[¶1] Joan Gates appeals from a district court order requiring her to pay $93,257.74 in restitution to the personal representative of the Lela Gates Estate and from an order denying her application for post-conviction relief. We modify the restitution order and affirm as modified, and we affirm the order denying Gates' application for post-conviction relief.

I

[¶2] Gates was charged with misapplication of entrusted property for acts she allegedly committed while she was serving as the personal representative of the Estate of Lela Gates. A jury found Gates guilty. The district court entered a criminal judgment and ordered Gates to pay $23,537.72 in restitution. The district court informed the parties it was reserving the issue of additional restitution and a hearing would be held after an anticipated appeal was complete. Gates appealed, and this Court summarily affirmed the criminal judgment. State v. Gates, 2014 ND 99, 859 N.W.2d 929.

[¶3] A proposed order for restitution was filed, requesting the court order $368,459.66 in total restitution, including restitution for the proceeds from the sale

Page 818

of stock, oil checks, and other amounts. After a hearing on the additional restitution, the district court sent the parties a letter advising them of its position on the restitution issues and indicating how it intended to decide on each item of requested restitution. The court requested the personal representative of the Estate of Lela Gates, Mark Westereng, review his research to ensure there were no duplications in the amounts requested. The court also advised the parties that they could submit additional documentation regarding the matters addressed in the letter. Gates filed an affidavit and attached documents in response to the court's letter. No other materials or responses were submitted. The court ordered Gates pay a total of $93,257.74 in restitution to the personal representative of the Lela Gates Estate.

[¶4] Gates applied for post-conviction relief. The State filed a response and requested the application be dismissed. The district court ...


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