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State v. Brewer

Docket No. 20210105
Oral Argument: Thursday, October 14, 2021 10:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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
Oral Argument 10/14/2021

Parties' Statement of Issues

  • Appellant

    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.

  • Appellee 1

    Whether a defendant is entitled to credit for time served in an unrelated concurrent criminal offense.


Summary

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.


Briefs

Filing Date Description
06/28/2021 APPELLANT BRIEF View
07/28/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Julie Ann Lawyer - 05693
APPELLANT COURT APPOINTED Matthew John Arthurs - 06359

(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
7 05/18/2021 TRANSCRIPT C.O.S.
8 06/28/2021 APPELLANT BRIEF View
9 06/28/2021 APPELLANT APPENDIX
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
12 07/28/2021 APPELLEE BRIEF View
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