State v. Bearce
- State of North Dakota, Plaintiff and Appellant
Mark Edward Bearce, Defendant and Appellee
- Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
Case No. 2021-CR-01466
Northwest Judicial District, Williams County
Benjamen James Johnson
Parties' Statement of Issues
I. Whether the District Court erred when granting a Rule 35(b) Motion for Reduction of Sentence 170 days after sentencing?
II. Whether the District Court erred when granting a Rule 35(b) Motion for Reduction of Sentence without stating reasons for the reduction, in writing, as required by Rule 35 of the North Dakota Rules of Criminal Procedure?
III. Whether the District Court committed obvious error by granting a Rule 35(b) Motion for Reduction of Sentence without providing notification to the victims and an opportunity to be heard in violation of their constitutional rights?
[¶ 1] Whether the District Court granted a Rule 35(b) Motion for Reduction of Sentence within the 120 day deadline allowed by Rule 35(b) of the North Dakota Rules of Criminal Procedure?
[¶ 2] Whether the Court can reverse a District Court Order, granting a Rule 35(b) Motion for Reduction of Sentence, when the order does not state the reasons for the reduction, in writing, as required by Rule 35 of the North Dakota Rules of Criminal Procedure?
[¶ 3] Whether the Plaintiff-Appellant can raise a claim of obvious error against the District Court when the Plaintiff-Appellant failed to give notification to the victim’s family about a Rule 3(b) Motion for Reduction of Sentence being filed in this matter and failed to request oral arguments or request an opportunity for the victim’s family to be heard?
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||05/03/2023||NOTICE OF APPEAL : 05/03/2023||View|
|2||05/03/2023||ORDER FOR TRANSCRIPT : 05/04/2023||View|
|3||05/04/2023||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.||View|
|4||05/04/2023||Notice Served on Meredith H. Larson & Jeff L. Nehring|
|5||05/25/2023||ELEC. RECORD ON APPEAL DATED MAY 24, 2023 (ENTRY NOS. 1-114, 116-153)(NOT SENT: 115)||View|
|6||06/05/2023||All Transcripts Filed in Record|
|7||06/06/2023||1ST ELEC. SUPP. RECORD ON APPEAL DATED JUNE 5, 2023 (ENTRY NOS. 154-156)||View|
|9||07/14/2023||Rec'd corrections to ATB|
|10||07/17/2023||Rec'd 3 copies of ATB from CSD|
|12||08/14/2023||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT|
|13||08/14/2023||Rec'd 3 copies of AEB from CSD|