State v. Loomer
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| 20070235 |
State of North Dakota, Plaintiff and Appellee
v.
Jayson Glenn Loomer, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Ransom County
Judge Daniel D. Narum |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
03/2008 Argument: 03/24/2008 01:30pm
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| ND cite: |
2008 ND 69
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| NW cite: |
747 N.W.2d 113
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I.Whether the Defendant was denied due process when the Information was substantially different than the amended complaint.
II.Whether the Defendant was denied due process when the Court incorrectly informed Defendant of the minimum mandatory sentence?
Appellee's Statement of the Issues:
ISSUE I. Whether Defendant was provided due process regarding applicability of a mandatory minimum sentence when, prior to trial, Defendant saw references to N.D.C.C. 12.1-32-02.1 in the complaints and amended complaints; heard many references to
the use of a firearm in the preliminary hearing; reviewed the informations that specifically alleged use of a firearm and cited chapter N.D.C.C. 12.1-32; answered "yes" at the preliminary hearing when the judge asked him if he understood that there
was a mandatory minimum sentence being sought by the State; and received a trial memorandum wherein reference of use of a shotgun was made several times?
ISSUE II. Whether Defendant was provided due process regarding applicability of a two-year mandatory minimum sentence when, prior to trial, Defendant responded "yes" to a question of the judge whether he understood that there was a minimum sentence
of one year for each of seven felony charges if he were convicted; Defendant was sentenced to two years of imprisonment on each of five guilty judgments; and Defendant was sentenced to serve all five two-year sentences concurrently, rather than
consecutively?
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| 1 | | 08/22/2007 | |
NOTICE OF APPEAL: 08/21/2007 |
| 2 | | 08/22/2007 | |
This case is consolidated with 20070236-20070239; make all entries except DIS and MAN in this case |
| 3 | | 09/19/2007 | |
RECORD ON APPEAL including 3 sealed separates and separate transcripts dated April 16 & 17, 2007, |
| 4 | | 09/19/2007 | |
and October 20, 2006. Not sent were Nos. 31 (Ex2, Shot Gun) and 32 (Ex 1, Blue Sweatshirt) |
| 5 | | 09/24/2007 | |
TRANSCRIPTS DATED April 16 & 17, 2007 (in one vol.) and August 8, 2007 |
| 6 | | 09/24/2007 | |
Transcript dated October 20, 2006 |
| 7 | | 09/24/2007 | |
Transcript of Sentencing Hearing dated August 8, 2007 |
| 8 | | 09/24/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 9 | | 09/24/2007 | |
E-FILED MOTION (MAT) |
| 10 | | 09/24/2007 | |
ACTION BY CLERK (MAT). Granted: 11/05/2007 |
| 11 | | 09/25/2007 | |
DISK - tra (10/20/06; 4-16&17-07; & 8-8-07) (e-mailed) |
| 12 | | 10/23/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 13 | | 10/23/2007 | |
E-FILED MOTION (Mot/Ext/ATB) |
| 14 | | 10/23/2007 | |
ACTION BY CLERK (MAT). Granted: 12/05/2007 |
| 15 | | 12/04/2007 | |
APPELLANT APPENDIX (Faxed) PDF |
| 16 | | 12/04/2007 | |
E-FILED APPENDIX (faxed) pdf |
| 17 | | 12/06/2007 | |
Received $25 surcharge for ATB (Receipt #17941) |
| 18 | | 12/07/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to problems with e-filing) |
| 19 | | 12/07/2007 | |
ACTION BY CLERK (MAT) (sua sponte). Granted: 12/07/2007 |
| 20 | | 12/07/2007 | |
APPELLANT BRIEF (e-filed) |
| 21 | | 12/07/2007 | |
E-FILED BRIEF (ATB) |
| 22 | | 12/13/2007 | |
Received copies of ATB from Central Duplicating Services |
| 23 | | 12/13/2007 | |
Received copies of ATA from Central Duplicating Services |
| 24 | | 12/17/2007 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 25 | | 12/17/2007 | |
E-FILED MOTION - MAE |
| 26 | | 12/17/2007 | |
ACTION BY CLERK - MAE. Granted: 02/08/2008 |
| 27 | | 02/05/2008 | |
APPELLEE BRIEF |
| 28 | | 02/05/2008 | |
Addendum to AEB |
| 29 | | 02/05/2008 | |
APPELLEE APPENDIX |
| 30 | | 02/05/2008 | |
DISK - aeb (e-mailed) |
| 31 | | 02/06/2008 | |
Affidavit of Service by Mail of AEB on opposing counsel |
| 32 | | 03/24/2008 | |
APPEARANCES: Robin L. Olson; Fallon M. Kelly |
| 33 | | 03/24/2008 | |
ARGUED: Olson; Kelly |
| 34 | | 03/24/2008 | |
ORAL ARGUMENT WEBCAST |
| 35 | | 04/17/2008 | |
DISPOSITION: AFFIRMED |
| 36 | | 04/17/2008 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 37 | | 04/18/2008 | |
Judgment e-mailed to Parties |
| 38 | | 05/09/2008 | |
MANDATE |
| 39 | | 05/13/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |