State v. Loomer

20070235 State of North Dakota, Plaintiff and Appellee
v.
Jayson Glenn Loomer, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Ransom County
Judge Daniel D. Narum
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Brian W. Nelson & Associates
Appellee: Fallon Matthew Kelly , State's Attorney
Appellant: Olson Law Office
Term: 03/2008   Argument: 03/24/2008  1:30pm
ND cite: 2008 ND 69
NW cite: 747 N.W.2d 113

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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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Docket entries:
108/22/2007 NOTICE OF APPEAL: 08/21/2007
208/22/2007 This case is consolidated with 20070236-20070239; make all entries except DIS and MAN in this case
309/19/2007 RECORD ON APPEAL including 3 sealed separates and separate transcripts dated April 16 & 17, 2007,
409/19/2007 and October 20, 2006. Not sent were Nos. 31 (Ex2, Shot Gun) and 32 (Ex 1, Blue Sweatshirt)
509/24/2007 TRANSCRIPTS DATED April 16 & 17, 2007 (in one vol.) and August 8, 2007
609/24/2007 Transcript dated October 20, 2006
709/24/2007 Transcript of Sentencing Hearing dated August 8, 2007
809/24/2007 MOT. EXT/TIME APPELLANT BRIEF (faxed)
909/24/2007 E-FILED MOTION (MAT)
1009/24/2007 ACTION BY CLERK (MAT). Granted: 11/05/2007
1109/25/2007 DISK - tra (10/20/06; 4-16&17-07; & 8-8-07) (e-mailed)
1210/23/2007 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1310/23/2007 E-FILED MOTION (Mot/Ext/ATB)
1410/23/2007 ACTION BY CLERK (MAT). Granted: 12/05/2007
1512/04/2007 APPELLANT APPENDIX (Faxed) PDF
1612/04/2007 E-FILED APPENDIX (faxed) pdf
1712/06/2007 Received $25 surcharge for ATB (Receipt #17941)
1812/07/2007 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to problems with e-filing)
1912/07/2007 ACTION BY CLERK (MAT) (sua sponte). Granted: 12/07/2007
2012/07/2007 APPELLANT BRIEF (e-filed)
2112/07/2007 E-FILED BRIEF (ATB)
2212/13/2007 Received copies of ATB from Central Duplicating Services
2312/13/2007 Received copies of ATA from Central Duplicating Services
2412/17/2007 MOT. EXT/TIME APPELLEE BRIEF
2512/17/2007 E-FILED MOTION - MAE
2612/17/2007 ACTION BY CLERK - MAE. Granted: 02/08/2008
2702/05/2008 APPELLEE BRIEF
2802/05/2008 Addendum to AEB
2902/05/2008 APPELLEE APPENDIX
3002/05/2008 DISK - aeb (e-mailed)
3102/06/2008 Affidavit of Service by Mail of AEB on opposing counsel
3203/24/2008 APPEARANCES: Robin L. Olson; Fallon M. Kelly
3303/24/2008 ARGUED: Olson; Kelly
3403/24/2008 ORAL ARGUMENT WEBCAST
3504/17/2008 DISPOSITION: AFFIRMED
3604/17/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.
3704/18/2008 Judgment e-mailed to Parties
3805/09/2008 MANDATE
3905/13/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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