Peltier v. State

20120447 Tydise Reed Peltier, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Post-Conviction Relief
Counsel:
Appellee: Ryan James Younggren , Asst. State's Attorney
Appellant: Benjamin C. Pulkrabek
Term: 11/2013   Argument: 11/13/2013  2:45pm
ND cite: 2013 ND 246
NW cite: 841 N.W.2d 236

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Issues: Appellant's Statement of the Issues:
1. Should the trial court have allowed Mr. Peltier to withdraw his guilty plea to Count Three?
2. Did the trial court err when it amended Count Two a Class C Felony charge to a Class A Misdemeanor and then sentenced Mr. Peltier on the amended Class A Misdemeanor charge without first arraigning him or having him plead to the amended Class A Misdemeanor charge?
3. Should the trial court have allowed Mr. Peltier to withdraw his plea of guilty to count four?

Appellee's Statement of the Issues:
I. Appellant reaffirmed his guilty plea on June 14, 2013 and this matter was resolved. See Appellee's Appendix, p. 1.
II. Was it appropriate for the district court to resentence Mr. Peltier when Count Two, Solicitation of a Minor, was amended from a C felony to an A misdemeanor?
III. Was one year in prison and one year probation a legal sentence on Count Four, Failure to Register as a Sexual Offender, a class A misdemeanor?

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Docket entries:
112/21/2012 NOTICE OF APPEAL: 12/21/2012
212/21/2012 ORDER FOR TRANSCRIPT: 12/21/2012
312/26/2012 Court appointed counsel changed from Don Krassin to Benjamin Pulkrabek
401/25/2013 ELEC. RECORD ON APPEAL DATED January 24, 2013 (ENTRY NOS. 1-34)
501/29/2013 AMENDED ELEC. RECORD ON APPEAL DATED January 28, 2013(ENTRY NOS.1-20 and 22-35)
601/29/2013 (ENTRY NO.21 - CD REC'D BY U.S. MAIL)
702/08/2013 TRANSCRIPT DATED OCTOBER 31, 2012 & C.O.S.
802/08/2013 DISK-TRA (10/31/12)(e-mailed)
903/19/2013 APPELLANT BRIEF
1003/19/2013 E-FILED BRIEF
1103/19/2013 APPELLANT APPENDIX
1203/19/2013 E-FILED APPENDIX
1303/20/2013 Received $25 surcharge for ATB & ATA (Receipt #21758)
1403/22/2013 We received 7 copies of the ATB & 6 copies of the ATA from Central Duplicating.
1503/22/2013 Received $21.50 for the ATA surcharge (Receipt #21764)
1604/09/2013 MOT. EXT/TIME APPELLEE BRIEF
1704/09/2013 E-FILED MOTION
1804/10/2013 ACTION BY CLERK. Granted: 05/01/2013
1904/26/2013 Stipulation and Joint Motion to Remand Case to District Court
2004/26/2013 ACTION BY CHIEF JUSTICE. Granted
2104/26/2013 ORDER OF REMAND
2206/26/2013 ELEC. RECORD ON APPEAL DATED 6/25/13 (ENTRY NOS. 1-20 and 22-38) (recertified after remand)
2308/30/2013 Response received regarding issues on appeal after remand
2408/12/2013 ELEC. RECORD ON APPEAL DATED AUGUST 9, 2013 (ENTRY NOS.39-41) (recertified after remand)
2508/30/2013 MOT. EXT/TIME APPELLEE BRIEF (resetting date due to remand)
2608/30/2013 ACTION BY CLERK (resetting date due to remand). Granted: 09/30/2013
2710/09/2013 MOT. EXT/TIME APPELLEE BRIEF
2810/09/2013 E-FILED MOTION
2910/09/2013 ACTION BY CLERK. Granted: 10/23/2013
3010/21/2013 NOTICE OF ORAL ARGUMENT SENT
3110/23/2013 APPELLEE BRIEF
3210/23/2013 E-FILED BRIEF
3310/23/2013 APPELLEE APPENDIX
3410/23/2013 E-FILED APPENDIX
3510/28/2013 Rcv'd $25 surcharge for AEB (receipt #22300)
3611/13/2013 APPEARANCES: Benjamin C. Pulkrabek; Ryan J. Younggren
3711/13/2013 ARGUED: Benjamin C. Pulkrabek; Ryan J. Younggren
3811/13/2013 ORAL ARGUMENT WEBCAST
3912/19/2013 DISPOSITION: AFFIRMED
4012/19/2013 UNANIMOUS OPINION: Kapsner, Carol Ronning
4112/20/2013 Judgment Sent to Parties
4201/24/2014 MANDATE
4301/28/2014 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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