State v. Smith
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20050004
Court of Appeals |
State of North Dakota, Plaintiff and Appellee
v.
Clifford Smith, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Oliver County
Judge Donald L. Jorgensen |
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Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
04/2005 Argument: 04/29/2005 09:30am
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| ND cite: |
2005 ND App
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| NW cite: |
697 N.W.2d 368
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Whether the Court erred in imposing the 90-day imprisonment penalty of N.D.C.C. 39-08-01.2 to Smith who was convicted of N.D.C.C. 39-08-01 as a first offender, a class B misdemeanor, which is punishable by a maximum penalty of up to 30 days
imprisonment, a fine of $1,000.00, or both, based upon Smith's admission that he caused serious bodily injury to another person during the offense.
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| 1 | | 01/04/2005 | |
NOTICE OF APPEAL: 12/21/2004 |
| 2 | | 01/21/2005 | |
RECORD ON APPEAL |
| 3 | | 01/27/2005 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 4 | | 01/27/2005 | |
E-FILED MOTION |
| 5 | | 01/27/2005 | |
ACTION BY CLERK (MAT). Granted: 02/14/2005 |
| 6 | | 02/14/2005 | |
APPELLANT BRIEF |
| 7 | | 02/14/2005 | |
E-FILED BRIEF (ATB) |
| 8 | | 02/14/2005 | |
APPELLANT APPENDIX |
| 9 | | 02/14/2005 | |
E-FILED APPENDIX (ATA) |
| 10 | | 02/15/2005 | |
Received $25 surcharge for ATB, Receipt #16096 |
| 11 | | 02/23/2005 | |
7 cc each of ATB and ATA from central duplicating |
| 12 | | 03/15/2005 | |
APPELLEE BRIEF |
| 13 | | 03/16/2005 | |
DISK (e-mailed) - AEB |
| 14 | | 03/17/2005 | |
Certificate of Service of the Appellee's Brief by mail |
| 15 | | 04/29/2005 | |
APPEARANCES: Chad R. McCabe; John J. Mahoney |
| 16 | | 04/29/2005 | |
ARGUED: McCabe; Mahoney (Page 39) |
| 17 | | 04/29/2005 | |
ORAL ARGUMENT WEBCAST |
| 18 | | 05/25/2005 | |
DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT |
| 19 | | 05/25/2005 | |
UNANIMOUS OPINION: Per Curiam |
| 20 | | 06/20/2005 | |
MANDATE |
| 21 | | 06/22/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |