State v. Clemens
- State of North Dakota, Plaintiff and Appellee
Brenda Lee Clemens, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : THEFT
- Appeal From
Case No. 2020-CR-00046
Southeast Judicial District, Sargent County
Mark T. Blumer
Parties' Statement of Issues
Whether the court improperly ordered restitution of speculative losses of the alleged victim.
Whether the district court’s order on restitution was an abuse of discretion.
Brenda Lee Clemens appeals from an amended criminal judgment ordering restitution.
Clemens was charged with theft of precious metals. She pled guilty and admitted to stealing precious metals from the victim from January 2015 to January 2017. As part of her sentence, the district court ordered restitution in the amount of $326,618.
On appeal, Clemens argues the district court erred in assessing the restitution amount.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||05/06/2021||NOTICE OF APPEAL : 05/06/2021|
|2||05/06/2021||ORDER FOR TRANSCRIPT : 05/14/2021|
|3||05/06/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||05/06/2021||Notice served on Don R. Krassin and Jayne M. Pfau|
|5||05/24/2021||ELECTRONIC TRANSCRIPT DATED APRIL 20, 2021|
|6||05/24/2021||TRANSCRIPT CERTIFICATE OF SERVICE|
|7||05/25/2021||Rec'd notice of assignment of court-appointed counsel - Benjamin C. Pulkrabek|
|8||06/02/2021||ELEC. RECORD ON APPEAL DATED JUNE 1, 2021 (ENTRY NOS. 1-53)|
|9||06/11/2021||AMENDED NOTICE OF APPEAL : 06/11/2021|
|10||06/15/2021||MOTION FOR EXT. OF TIME TO FILE AMENDED NOTICE OF APPEAL|
|11||06/15/2021||ACTION BY CHIEF JUSTICE - Granted : 06/15/2021|
|12||06/16/2021||Order Granting Extension of Time to File Amended Notice of Appeal|
|13||06/16/2021||NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV.|
|14||06/16/2021||Notice Served on Benjamin C. Pulkrabek and Jayne Pfau|
|16||06/17/2021||Oral Argument Request by Appellant|
|18||06/18/2021||ELEC. SUPP. RECORD ON APPEAL DATED JUNE 17, 2021 (ENTRY NOS. 54-57)|
|19||06/25/2021||Rec'd non-substantive corrections to ATA|
|20||06/28/2021||Rec'd 4 copies of ATB and ATA back from CSD|
|22||07/21/2021||Rec'd 4 copies of AEB back from CD|
|23||08/05/2021||NOTICE OF ORAL ARGUMENT SENT|
|24||08/09/2021||Intent to Particpate in Oral Argument by State of North Dakota|