State v. Foreid
Docket No. 20080128
Oral Argument:
Monday, December 1, 2008 1:45pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Derek Lynn Foreid, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 06-K-01988
North Central Judicial District, Ward County
Douglas L. Mattson
2009 ND 41763 N.W.2d 475
Oral Argument
12/1/2008
Highlight
An additional or different offense is not charged when an information is amended to fix an error in the classification of the charged offense and comply with statutory requirements.
For an instruction on a lesser included offense, there must be evidence on which the jury could rationally find beyond a reasonable doubt that the defendant is not guilty of the greater offense and to find beyond a reasonable doubt that the defendant is guilty of the lesser.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/30/2008 | NOTICE OF APPEAL : 05/29/2008 | |
| 2 | 05/30/2008 | ORDER FOR TRANSCRIPT : 05/29/2008 | |
| 3 | 06/04/2008 | Acknowledgment of order for transcripts by Renee Hermanson | |
| 4 | 06/04/2008 | RETENTION OF RECORD ON APPEAL : 07/18/2008 | |
| 5 | 06/30/2008 | RECORD ON APPEAL (2 vols.), Exhibits & Transcript dated 11-9-06 (Not rec'd: Nos. 62(Exh.1-Jeans); | |
| 6 | 06/30/2008 | 63 (Exh. 2--underwear); 64 (Exh. 3--Shirt); 65 (Exh. 4--Sports Bra); & 66 (Evidence Bags) | |
| 7 | 07/03/2008 | E-mail request from clerk's office to return record & exhibits | |
| 8 | 07/03/2008 | ACTION BY CHIEF DEPUTY CLERK (Req/Return/ROA) - Granted | |
| 9 | 07/03/2008 | RETURN OF ROA TO DIST. CT. : 08/27/2008 | |
| 10 | 07/10/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 11 | 07/11/2008 | MOT. EXT/TIME TRANSCRIPT | |
| 12 | 07/11/2008 | ACTION BY TRIAL COURT (MTR) - Granted : 08/27/2008 | |
| 13 | 08/15/2008 | Transcript dated December 20, 2006 | |
| 14 | 08/15/2008 | DISK - tra 12-20-06 | |
| 15 | 08/19/2008 | TRANSCRIPTS DATED DECEMBER 10-13,2007 (VOLS. I-III) | |
| 16 | 08/19/2008 | DISK - TRA (12/10-13/07) (e-mailed) | |
| 17 | 08/20/2008 | Certificate of Service of TRA | |
| 18 | 08/21/2008 | RE-FILED RECORD ON APPEAL (2 VOLUMES) AND SEPARATES (ENTRY NOS. 25, 67-76, & 93). | |
| 19 | 08/21/2008 | NOT REC'D W/ROA WERE ENTRY IN ERROR (ENTRY NO. 33) AND EXHIBITS (ENTRY NOS. 62-66). | |
| 20 | 09/29/2008 | MOT. EXT/TIME APPELLANT BRIEF | |
| 21 | 09/29/2008 | ACTION BY Chief Deputy Clerk - Granted : 10/01/2008 | |
| 22 | 09/30/2008 | APPELLANT APPENDIX (E-filed) | |
| 23 | 09/30/2008 | E-FILED APPENDIX (ATA) | |
| 24 | 10/01/2008 | APPELLANT BRIEF (e-filed) (PDF) | View |
| 25 | 10/01/2008 | E-FILED BRIEF (ATB) (pdf) | |
| 26 | 10/06/2008 | Received copies of ATB from Central Duplicating Services | |
| 27 | 10/06/2008 | Received copies of ATA from Central Duplicating Services | |
| 28 | 10/07/2008 | Received surcharge. See Journal No. 0000697465 | |
| 29 | 10/29/2008 | APPELLEE BRIEF | View |
| 30 | 10/29/2008 | APPELLEE APPENDIX | |
| 31 | 10/30/2008 | DISK - AEB (CD) | |
| 32 | 10/30/2008 | Corrected Affidavit of Service by Mail of AEB | |
| 33 | 12/01/2008 | APPEARANCES: Robert W. Martin; Rozanna C. Larson | |
| 34 | 12/01/2008 | ARGUED: Martin; Larson | |
| 35 | 12/01/2008 | ORAL ARGUMENT WEBCAST | |
| 36 | 04/02/2009 | DISPOSITION | |
| 37 | 04/02/2009 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 38 | 04/06/2009 | Judgment E-Mailed to Parties | |
| 39 | 04/24/2009 | MANDATE | |
| 40 | 05/08/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 41 | 01/14/2020 | EXPUNGED - Nonpermanent record items destroyed |