Peltier v. State
Tydise Reed Peltier, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
East Central Judicial District,
Judge Steven L. Marquart
|Nature of Action:||Post-Conviction Relief|
|Term:||11/2013  Argument: 11/13/2013 2:45pm|
|ND cite:||2013 ND 246|
841 N.W.2d 236
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20120447 RSS|
|1||12/21/2012||NOTICE OF APPEAL: 12/21/2012|
|2||12/21/2012||ORDER FOR TRANSCRIPT: 12/21/2012|
|3||12/26/2012||Court appointed counsel changed from Don Krassin to Benjamin Pulkrabek|
|4||01/25/2013||ELEC. RECORD ON APPEAL DATED January 24, 2013 (ENTRY NOS. 1-34)|
|5||01/29/2013||AMENDED ELEC. RECORD ON APPEAL DATED January 28, 2013(ENTRY NOS.1-20 and 22-35)|
|6||01/29/2013||(ENTRY NO.21 - CD REC'D BY U.S. MAIL)|
|7||02/08/2013||TRANSCRIPT DATED OCTOBER 31, 2012 & C.O.S.|
|13||03/20/2013||Received $25 surcharge for ATB & ATA (Receipt #21758)|
|14||03/22/2013||We received 7 copies of the ATB & 6 copies of the ATA from Central Duplicating.|
|15||03/22/2013||Received $21.50 for the ATA surcharge (Receipt #21764)|
|16||04/09/2013||MOT. EXT/TIME APPELLEE BRIEF|
|18||04/10/2013||ACTION BY CLERK. Granted: 05/01/2013|
|19||04/26/2013||Stipulation and Joint Motion to Remand Case to District Court|
|20||04/26/2013||ACTION BY CHIEF JUSTICE. Granted|
|21||04/26/2013||ORDER OF REMAND|
|22||06/26/2013||ELEC. RECORD ON APPEAL DATED 6/25/13 (ENTRY NOS. 1-20 and 22-38) (recertified after remand)|
|23||08/30/2013||Response received regarding issues on appeal after remand|
|24||08/12/2013||ELEC. RECORD ON APPEAL DATED AUGUST 9, 2013 (ENTRY NOS.39-41) (recertified after remand)|
|25||08/30/2013||MOT. EXT/TIME APPELLEE BRIEF (resetting date due to remand)|
|26||08/30/2013||ACTION BY CLERK (resetting date due to remand). Granted: 09/30/2013|
|27||10/09/2013||MOT. EXT/TIME APPELLEE BRIEF|
|29||10/09/2013||ACTION BY CLERK. Granted: 10/23/2013|
|30||10/21/2013||NOTICE OF ORAL ARGUMENT SENT|
|35||10/28/2013||Rcv'd $25 surcharge for AEB (receipt #22300)|
|36||11/13/2013||APPEARANCES: Benjamin C. Pulkrabek; Ryan J. Younggren|
|37||11/13/2013||ARGUED: Benjamin C. Pulkrabek; Ryan J. Younggren|
|38||11/13/2013||ORAL ARGUMENT WEBCAST|
|40||12/19/2013||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|41||12/20/2013||Judgment Sent to Parties|
|43||01/28/2014||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|