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State v. Trevino

Docket No. 20100416
Oral Argument: Tuesday, May 31, 2011 2:45pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Veronica G R Trevino, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
Appeal From
Case No. 09-K-1524
Northeast Central Judicial District, Grand Forks County
Sonja Clapp
2011 ND 232807 N.W.2d 211
Oral Argument 5/31/2011

Highlight

Rule 11(a)(2), N.D.R.Crim.P., permits a defendant to enter a conditional guilty plea, reserving in writing the right to appeal an adverse determination of specified pretrial motions, including motions in limine.
The lack of a writing under Rule 11(a)(2) may be excused when the transcript is clear that defendant's plea was conditional, the government consented to the conditional plea, and the district court approved the conditional plea.
A person is guilty of reckless driving if the person drives a vehicle either "recklessly" in disregard of the rights or safety of others; or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another.
A person engages in conduct "recklessly" if the person engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct.


Briefs

Filing Date Description
03/21/2011 APPELLANT BRIEF View
04/20/2011 APPELLEE BRIEF (e-filed) PDF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Carmell Faye Mattison - 06052
APPELLANT COURT APPOINTED David Neil Ogren - 05336

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

Seq. # Filing Date Description Attachment
1 12/30/2010 NOTICE OF APPEAL : 12/28/2010
2 12/30/2010 ORDER FOR TRANSCRIPT : 12/28/2010
3 01/07/2011 ACKNOWLEDGMENT OF TRANSCRIPT & REQUEST FOR RETENTION OF RECORD ON APPEAL : 02/16/2011
4 01/10/2011 TRANSCRIPTS DATED 06/21/10 & 12/21/10 & C.O.S.
5 01/10/2011 DISK - TRA (06/21/10 & 12/21/10)
6 02/03/2011 RECORD ON APPEAL (electronic 1-84)
7 02/11/2011 TRANSCRIPT DATED 10/1/09 & 11/19/09 (one volume) & C.O.S.
8 02/11/2011 DISK - TRA (10/1/09 & 11/19/09 together)
9 02/02/2011 Supplemental Clerk's Certificate on Appeal dated February 4, 2011 (Entry No. 82)
10 03/21/2011 APPELLANT BRIEF View
11 03/21/2011 E-FILED BRIEF - ATB
12 03/21/2011 APPELLANT APPENDIX
13 03/21/2011 E-FILED APPENDIX - ATA
14 03/24/2011 Rec'd 7 copies of ATB from Central Duplicating.
15 03/24/2011 Rec'd 6 copies of ATA from Central Duplicating.
16 04/18/2011 NOTICE OF ORAL ARGUMENT SENT (see folder)
17 04/20/2011 APPELLEE BRIEF (e-filed) PDF View
18 04/20/2011 E-FILED BRIEF (AEB) PDF
19 04/20/2011 APPELLEE APPENDIX (e-filed)
20 04/20/2011 E-FILED APPENDIX (AEA)
21 04/21/2011 Received notification that IDB surcharge for ATB was paid
22 04/21/2011 Received copies of AEB from Central Duplicating.
23 04/21/2011 Received 6 copies of AEA from Central Duplicating.
24 04/25/2011 Received $25 e-filing surcharge (Receipt #20280).
25 04/25/2011 Received Consent of Appearance for Jeremy Ensrud from Peter D. Welte, State's Attorney.
26 05/31/2011 APPEARANCES: David N. Ogren; Jeremy Ensrud; Mark J. McCarthy
27 05/31/2011 ARGUED: David N. Ogren; Jeremy Ensrud
28 12/13/2011 DISPOSITION
29 12/13/2011 SPLIT OPINION : Maring, Mary Muehlen View
30 12/13/2011 (CONCURRING SPECIALLY) : VandeWalle, Gerald W.
31 12/13/2011 (CONCURRING SPECIALLY) : Sandstrom, Dale V.
32 12/14/2011 Judgment Sent to Parties
33 01/04/2012 MANDATE
34 01/11/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE