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State v. Clemens

Docket No. 20210136
Oral Argument: Friday, September 24, 2021 10:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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

  • Appellant

    Whether the court improperly ordered restitution of speculative losses of the alleged victim.

  • Appellee 1

    Whether the district court’s order on restitution was an abuse of discretion.


Summary

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.


Briefs

Filing Date Description
06/17/2021 APPELLANT BRIEF View
07/15/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Jayne Pfau - 07235
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908

(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
15 06/17/2021 APPELLANT BRIEF View
16 06/17/2021 Oral Argument Request by Appellant
17 06/17/2021 APPELLANT APPENDIX
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
21 07/15/2021 APPELLEE BRIEF View
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