State v. Nelson

Docket No. 20180406
Oral Argument: Thursday, April 18, 2019 2:45 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Jessica Dawn Nelson, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 2017-CR-04749
East Central Judicial District, Cass County
Stephannie Nicole Stiel

Parties' Statement of Issues

  • Appellant

    1. Whether the district court should have permitted Jessica Dawn Nelson (hereinafter “Nelson”) to withdraw her guilty plea prior to sentencing?
    2. Whether the district court committed reversible error by imposing a minimum mandatory sentence without being adequately informed on the issues presented?

  • Appellee 1

    1. Whether the trial court erred in not allowing the Defendant, Jessica Nelson, to withdraw her plea.
    2. Whether the trial court erred in imposing the minimum mandatory sentence.


Summary

Jessica Dawn Nelson appeals from an amended criminal judgment sentencing her to three years’ imprisonment.

On July 16, 2018, Nelson pleaded guilty to possession with intent to manufacture or deliver methamphetamine, a class B felony, in violation of N.D.C.C. § 19-03.1-23(1)(a)(1). At sentencing, Nelson’s counsel withdrew representation and sentencing was rescheduled for October 15, 2018. During the October 15, 2018, hearing, Nelson’s new counsel requested the district court order a Pre-Sentence investigation, continue the sentencing hearing, and allow Nelson to withdraw her guilty plea. The court denied the requests.

On appeal, Nelson argues the district court erred in denying her requests for a Pre-Sentence Investigation, a continuance, and to withdraw her guilty plea.


Briefs

Filing Date Description
01/25/2019 APPELLANT BRIEF View
03/04/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Samuel A. Gereszek - 07040
APPELLEE ASST. STATE'S ATTORNEY Tracy Jo Peters - 05432

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

Seq. # Filing Date Description Attachment
1 11/13/2018 NOTICE OF APPEAL : 11/13/2018
2 11/13/2018 ORDER FOR TRANSCRIPT : 11/13/2018
3 11/13/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 11/13/2018 Notice served on Nicole Bredahl and Tracy Jo Peters
5 12/11/2018 ELEC. RECORD ON APPEAL DATED DECEMBER 10, 2018 (ENTRY NOS. 1 - 70)
6 12/18/2018 ELECTRONIC TRANSCRIPT DATED OCTOBER 15, 2018 & C.O.S.
7 12/26/2018 Rec'd Not. of Assignment of Counsel by Samuel Gereszek.
8 01/25/2019 APPELLANT BRIEF View
9 01/25/2019 E-FILED BRIEF (PDF)
10 01/25/2019 APPELLANT APPENDIX
11 01/25/2019 E-FILED APPENDIX
12 01/30/2019 Rec'd 6 copies of ATB & ATA from Central Duplicating
13 01/31/2019 Rec'd $25 surcharge for ATB (receipt #26871)
14 02/20/2019 MOT. EXT/TIME APPELLEE BRIEF
15 02/20/2019 E-FILED MOTION
16 02/20/2019 ACTION BY CHIEF DEPUTY CLERK - Granted : 03/04/2019
17 03/04/2019 APPELLEE BRIEF View
18 03/04/2019 APPELLEE APPENDIX
19 03/06/2019 Rec'd 6 copies of AEB &AEA from Central Duplicating
20 03/11/2019 Rec'd $25 surcharge for AEB (receipt #26932)
21 03/19/2019 NOTICE OF ORAL ARGUMENT SENT
22 04/09/2019 Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant filed for whatever consideration View
23 04/09/2019 Court deems necessary, if any
24 04/09/2019 Paper Filed Document
25 04/12/2019 Redacted Supplemental Statement of Indigent Defendant under Rule 14
26 04/18/2019 APPEARANCES: Samuel A. Gereszek/Tracy Jo Peters
27 04/18/2019 ARGUED: S. Gereszek/Peters