State v. Walsh
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Matthew Howard Walsh, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : THEFT
- Appeal From
-
Case No. 2021-CR-00002
Northeast Central Judicial District, Nelson County
Lolita G. Hartl Romanick
Parties' Statement of Issues
-
Appellant
Did the District Judge err when she failed to advise Defendant/Appellant Matthew Walsh about the Court’s authority to order restitution?
-
Appellee 1
The District Court did follow the required procedure in Rule 11(b)(1) of the North Dakota Rules of Criminal Procedure during Matthew Howard Walsh’s criminal hearings.
Summary
Matthew Walsh appeals from a district court’s criminal judgment ordering him to pay restitution. On January 7, 2021, Walsh was charged with theft of property. Walsh pleaded guilty to the charge and was sentenced with an order for restitution being reserved until a separate hearing could be held. Before the restitution hearing, the State and Walsh filed an agreement. Based on the agreement, the court amended the criminal judgment reflecting the amount Walsh owed in restitution.
Walsh argues the district court did not follow the required procedure under N.D.R.Crim.P. 11(b)(1) and advise him of its authority to order restitution.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/07/2022 | NOTICE OF APPEAL : 11/07/2022 | View |
2 | 11/07/2022 | ORDER FOR TRANSCRIPT : 11/08/2022 | View |
3 | 11/08/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
4 | 11/08/2022 | Notice served on Elizabeth B. Brainard & Jayme J. Tenneson | |
5 | 11/18/2022 | Benjamin C. Pulkrabek appointed to represent Appellant | View |
6 | 11/29/2022 | All Transcripts Filed in Record | |
7 | 12/06/2022 | ELEC. RECORD ON APPEAL DATED DECEMBER 5, 2022 (ENTRY NOS. 1-118) | View |
8 | 12/22/2022 | APPELLANT BRIEF | View |
9 | 12/22/2022 | Oral Argument Request by Appellant | |
10 | 12/27/2022 | Rec'd corrections to ATB (oa request on title pg, stmt of facts on toc) | |
11 | 12/28/2022 | Rec'd 3 copies of ATB from CSD | |
12 | 01/18/2023 | MOTION TO FILE LATE ORDERED TRANSCRIPTS | View |
13 | 01/18/2023 | MOT. EXT/TIME APPELLEE BRIEF (included in Motion for Late Ordered Transcripts) | |
14 | 01/18/2023 | ORDER FOR TRANSCRIPT | View |
15 | 01/20/2023 | Rec'd c.o.s. for the Mot for Late Tra & Ext of Time | |
16 | 01/20/2023 | Rec'd correction to OTR (service email address) | |
17 | 01/20/2023 | ACTION BY CLERK (MAE - AEB due 1 week after transcripts filed) - Granted : 01/30/2023 | |
18 | 01/20/2023 | ACTION BY CLERK (Mot for Late Ordered Transcripts - transcripts due by 2/3/23) - Granted : 02/03/2023 | |
19 | 01/23/2023 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 23, 2023 (ENTRY NOS. 119-120) | View |
20 | 01/23/2023 | All Transcripts Filed in Record | |
21 | 01/23/2023 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 23, 2023 (ENTRY NOS. 121-124) | View |
22 | 01/30/2023 | APPELLEE BRIEF | View |
23 | 01/30/2023 | Oral Argument Request by Appellee | |
24 | 01/31/2023 | Rec'd 3 copies of AEB from CSD | |
25 | 02/23/2023 | NOTICE OF ORAL ARGUMENT SENT | |
26 | 03/13/2023 | APPEARANCES: Benjamin C. Pulkrabek; Jayme J. Tenneson | |
27 | 03/13/2023 | ARGUED: Benjamin C. Pulkrabek; Jayme J. Tenneson | |
28 | 03/13/2023 | ORAL ARGUMENT WEBCAST |