State v. Feist

20050152 State of North Dakota, Plaintiff and Appellee
v.
Douglas Feist, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Sonna M. Anderson
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Vinje Law Firm
Appellee: Lloyd Clayton Suhr , Asst. State's Attorney
Term: 11/2005   Argument: 11/15/2005  9:30am
ND cite: 2006 ND 21
NW cite: 708 N.W.2d 870

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.The District Court erred in denying Feist's motion to withdraw his guilty plea after it rejected his binding plea agreement.
II.The District Court abused its discretion in denying Feist's motion to withdraw his guilty plea, resulting in a manifest injustice.
III. The State impermissibly deviated from the sentence recommendation it promised Feist.

Appellee's Statement of the Issues:
I. Whether the trial court abused its discretion in denying Feist's Motion to withdraw his guilty plea in 04-K-01498?
II. Whether the state impermissibly deviated from its sentencing recommendation?

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Docket entries:
105/06/2005 NOTICE OF APPEAL: 05/04/2005
205/06/2005 ORDER FOR TRANSCRIPT: 05/04/2005
306/02/2005 RECORD ON APPEAL & Transcript dated 8-18-04
406/16/2005 TRANSCRIPTS DATED March 30 & May 2, 2005 and March 22, 2005
506/16/2005 DISKs (2) - TRA of March 30 and May 2, 2005, and March 22, 2005
607/21/2005 MOT. EXT/TIME APPELLANT BRIEF (faxed)
707/21/2005 E-FILED MOTION (MAT)
807/21/2005 ACTION BY CLERK. Granted: 08/03/2005
908/03/2005 APPELLANT BRIEF
1008/03/2005 APPELLANT APPENDIX (faxed)
1108/03/2005 E-FILED BRIEF (ATB)
1208/04/2005 E-FILED APPENDIX (ATA) (faxed)
1308/04/2005 $25 surcharge for e-filing ATB (Receipt #16244)
1408/04/2005 7 copies of ATB made
1508/04/2005 5 extra copies of ATA made
1609/01/2005 APPELLEE BRIEF
1709/01/2005 DISK - AEB (e-mailed)
1809/01/2005 Consent to Appearance under Limited Practice Rule dtd 09-01-05 fm Lloyd Suhr for Sarah J. Gerhardt
1909/13/2005 Consent to Appearance under Limited Practice Rule from Ralph A. Vinje (re Justin J. Vinje)
2009/22/2005 Consent to Appearance Under Limited Practice Rule from Appellant Douglas Feist (re Justin J. Vinje)
2111/15/2005 APPEARANCES: Justin J. Vinje (third-year law student) and Ralph A. Vinje; Sarah J. Gerhardt (third-
2211/15/2005 year law student), and Lloyd C. Suhr, Asst. State's Attorney
2311/15/2005 ARGUED: Justin J. Vinje; Gerhardt
2411/15/2005 ORAL ARGUMENT WEBCAST
2501/31/2006 DISPOSITION: REVERSED AND REMANDED
2601/31/2006 UNANIMOUS OPINION: Kapsner, Carol Ronning
2702/02/2006 Judgment Mailed to Parties
2802/22/2006 MANDATE
2902/24/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3003/09/2006 Corrected Opinion Page 7

Generated from Supreme Court Docket on 09/17/2014