State v. Nelson
- State of North Dakota, Plaintiff and Appellee
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
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?
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.
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.
(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.|
|9||01/25/2019||E-FILED BRIEF (PDF)|
|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|
|16||02/20/2019||ACTION BY CHIEF DEPUTY CLERK - Granted : 03/04/2019|
|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|