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State v. Youngbird

Docket No. 20200167
Oral Argument: Monday, November 30, 2020 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Shalee Youngbird, Defendant and Appellant
Case Type
CRIMINAL APPEAL : THEFT
Appeal From
Case No. 2019-CR-01817
North Central Judicial District, Ward County
Richard L. Hagar

Parties' Statement of Issues

  • Appellant

    I. Whether the District Court Erred in Ordering Restitution because it had lost Jurisdiction to Order Restitution.
    II. Whether the District Court Erred in Ordering Restitution and/or Erred in the Amount of Restitution Ordered because the State Failed to make an Adequate Showing to Support an Order for Restitution and/or Failed to make an Adequate Showing to Support the Amount of Restitution Ordered.
    III. Whether the District Court Erred in Ordering Restitution without Holding a Restitution Hearing.

  • Appellee 1

    I. Did the District Court lose jurisdiction to order restitution when the State moved the District Court for an order to amend the judgment to include restitution within the nonstatutory 90 day time limit, but the District Court entered an order granting the same beyond 90 days?
    II. Are the victims entitled to restitution?
    III. Was Youngbird entitled to a Restitution Hearing?


Summary

Shalee Youngbird appeals from the orders amending judgment to include restitution and an amended criminal judgment.

In February 2020, Youngbird pled guilty to the charges of theft of property, reckless endangerment, and duty in accident involving death or personal injury. Youngbird was sentenced to five years, three years suspended on the condition of three years’ supervised probation, on each count, to be served concurrently. In April 2020, the State filed a motion to amend criminal judgement, requesting the court amend the criminal judgement to include restitution in the amount of $56,917.46. Youngbird objected to the State’s motion, neither party requested a hearing on the motion, and the court ruled on the basis of the party’s filings.

On appeal, Youngbird argues the district court erred in ordering restitution because the motion was not timely and the State had failed to meet its burden in showing a causal relationship as required by N.D.C.C. § 12.1-32-08.


Briefs

Filing Date Description
09/16/2020 APPELLANT BRIEF View
10/15/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Ethan R. Lee - 08702
APPELLANT COURT APPOINTED Eric Paul Baumann - 05690

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

Seq. # Filing Date Description Attachment
1 06/18/2020 NOTICE OF APPEAL : 06/18/2020
2 06/18/2020 ORDER FOR TRANSCRIPT : 06/19/2020
3 06/19/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 06/19/2020 Notice served on Eric P. Baumann; Christopher W. Nelson, & R.R.
5 06/24/2020 AMENDED NOTICE OF APPEAL
6 06/25/2020 NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV.
7 06/25/2020 Notice served on Eric P. Baumann; Christopher W. Nelson, & R.R.
8 07/10/2020 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 17, 2019
9 07/10/2020 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 25, 2019
10 07/10/2020 ELECTRONIC TRANSCRIPT DATED OCTOBER 15, 2019
11 07/10/2020 ELECTRONIC TRANSCRIPT DATED OCTOBER 24, 2019
12 07/10/2020 ELECTRONIC TRANSCRIPT DATED DECEMBER 31, 2019
13 07/10/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 3, 2020
14 07/10/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 4, 2020
15 07/10/2020 Certificate of Service for Transcript
16 07/20/2020 ELEC. RECORD ON APPEAL DATED JULY 17, 2020 (ENTRY NOS. 1-62, 64-103)
17 08/10/2020 MOT. EXT/TIME APPELLANT BRIEF
18 08/11/2020 ACTION BY CLERK - Granted : 09/18/2020
19 09/16/2020 APPELLANT BRIEF View
20 09/16/2020 Oral Argument Request by Appellant
21 09/16/2020 APPELLANT APPENDIX
22 09/17/2020 Rec'd C.O.S for ATB and ATA on Appellant from Eric P. Baumann
23 09/18/2020 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
24 10/15/2020 APPELLEE BRIEF View
25 10/15/2020 APPELLEE APPENDIX
26 10/16/2020 Rec'd non-substantive corrections to AEB & AEA
27 10/19/2020 Rec'd additional corrections to AEA
28 10/20/2020 Rec'd 5 copies of AEB & 4 copies of AEA from CSD
29 10/22/2020 NOTICE OF ORAL ARGUMENT SENT