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State v. Vandehoven

Docket No. 20080308
Oral Argument: Tuesday, April 14, 2009 2:00pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Preston Taylor Vandehoven, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 08-K-017
Southeast Judicial District, Eddy County
James M. Bekken
2009 ND 165772 N.W.2d 603
Oral Argument 4/14/2009

Highlight

The purpose of N.D.R.Crim.P. 11(b)(1) is to ensure the defendant understands the constitutional rights which are waived by entry of a guilty plea, to ensure a knowing and intelligent waiver of the right to counsel, and to ensure the defendant understands the maximum possible punishment and any applicable mandatory minimum punishment so he can make a knowing and intelligent decision whether to plead guilty.
If no plea agreement has been reached by the parties, N.D.R.Crim.P. 11(c)(1) creates a bright-line rule which prohibits the court from participating in any discussion of a plea agreement.


Briefs

Filing Date Description
02/13/2009 APPELLANT BRIEF View
03/16/2009 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Faron Eugene Terry - 04925
APPELLEE STATE'S ATTORNEY Travis Scott Peterson - 05621

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 11/26/2008 NOTICE OF APPEAL : 11/21/2008
2 11/26/2008 ORDER FOR TRANSCRIPT : 11/21/2008
3 12/22/2008 RECORD ON APPEAL (separate miscellaneous correspondence)
4 01/02/2009 Clerk's Supp. Cert. of Record on Appeal dated December 31, 2008, with entry 25 (TRA dated 4-23-08)
5 01/07/2009 TRANSCRIPTS DATED April 23, 2008 (original is part of record) and October 29, 2008
6 02/13/2009 DISK - TRA 3-23-08 & 10-29-08
7 02/13/2009 APPELLANT BRIEF View
8 02/13/2009 APPELLANT APPENDIX
9 02/17/2009 DISK - ATB
10 03/16/2009 APPELLEE BRIEF View
11 03/17/2009 DISK - aeb (e-mailed)
12 04/14/2009 Mr. Peterson informed the clerk's office of his inability to attend o.a. due to road flooding
13 04/14/2009 APPEARANCES: Faron E. Terry/Waived under N.D.R.App.P. 34(e)
14 04/14/2009 ARGUED: Terry/Appellee's argument waived
15 04/14/2009 ORAL ARGUMENT WEBCAST
16 09/16/2009 DISPOSITION
17 09/16/2009 SPLIT OPINION : Maring, Mary Muehlen View
18 09/16/2009 (CONCURRING IN THE RESULT) : Kapsner, Carol Ronning
19 09/16/2009 (JOINED CONCURRING IN RESULT) : Sandstrom, Dale V.
20 09/17/2009 Judgment E-Mailed to Parties
21 09/21/2009 Corrected Opinion Page 4
22 10/08/2009 MANDATE
23 10/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE