State v. Brewer
- State of North Dakota, Plaintiff and Appellee
Michael Brewer, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
Case No. 2020-CR-00315
South Central Judicial District, Burleigh County
Daniel James Borgen
Parties' Statement of Issues
Whether a Defendant’s credit for time served in one criminal matter must be reduced by time served as a result of conviction in an unrelated, but concurrently sentenced, criminal matter.
Whether a defendant is entitled to credit for time served in an unrelated concurrent criminal offense.
Michael Martin Brewer appeals from a criminal judgment sentencing him to five years’ imprisonment with all but 18 months suspended and crediting him with 157 days of time served. On appeal, Brewer argues the district court erred in calculating his time served credit and Brewer should have received credit for 419 days of time served.
Brewer was arrested on January 24, 2020, and charged in case 08-2020-CR-00315. He was unable to post bond and remained in custody until he was sentenced on those charges. While he was in custody, Brewer was charged in another case, 08-2020-CR-01321, on May 13, 2020. Brewer subsequently pleaded guilty to the charges in 08-2020-CR-01321 on June 29, 2020, receiving credit for 46 days of time served.
On March 18, 2021, Brewer pleaded guilty to the original charges in 08-2020-CR-00315. Brewer argued he was entitled to credit for 419 days of time served, from the date of his arrest on January 24, 2020, to the date of his second sentencing, March 18, 2021. The district court, however, credited Brewer with 157 days of time served. The court calculated Brewer’s time served in case 08-2020-CR-00315 as beginning on January 24, 2020, when he was arrested, and ending on June 29, 2020, when he was sentenced in 08-2020-CR-01321. The court found that any time served after Brewer’s sentencing in 08-2020-CR-01321 was the result of unrelated charges and could not be counted toward Brewer’s credit in 08-2020-CR-00315.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||04/06/2021||NOTICE OF APPEAL : 04/06/2021|
|2||04/06/2021||ORDER FOR TRANSCRIPT : 04/06/2021|
|3||04/06/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||04/06/2021||Notice served on Matthew J. Arthurs & Julie A. Lawyer|
|5||05/04/2021||ELEC. RECORD ON APPEAL DATED MAY 3, 2021 (ENTRY NOS. 1-49)|
|6||05/18/2021||ELECTRONIC TRANSCRIPT DATED MARCH 18, 2021|
|10||07/06/2021||Rec'd non-substantive corrections to ATB & ATA|
|11||07/08/2021||Rec'd 4 copies of ATB & ATA from CSD|
|13||07/28/2021||Rec'd written consent of Julie Lawyer for Dominic Davis, law student|
|14||07/30/2021||Rec'd 4 copies of AEB from CSD|
|15||09/09/2021||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT|
|16||09/21/2021||NOTICE OF ORAL ARGUMENT SENT|
|17||10/14/2021||APPEARANCES: Matthew J. Arthurs/Julie A. Lawyer|
|18||10/14/2021||ARGUED: Matthew J. Arthurs/Julie A. Lawyer|