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State v. Marshall

Supreme Court of North Dakota
Jan 15, 2002
2002 N.D. 3 (N.D. 2002)

Opinion

Nos. 20010193 20010253.

Decided January 15, 2002.

Appeals from the District Court of Cass County, East Central Judicial District, the Honorable NORMAN J. BACKES, Judge.

AFFIRMED.

Jennifer L. Thompson, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for plaintiff and appellee.

Floyd Solomon Marshall, Sr., pro se, James River Correctional Center, 2521 Circle Drive, Reg. 16984, Jamestown, N.D. 58401-6904, for defendant and appellant.


[¶ 1] Floyd Solomon Marshall, Sr., appeals from the district court's orders denying his N.D.R.Crim.P. 35(a) motion for correction of his sentence and his N.D.R.Crim.P. 36 motion for correction of a clerical mistake in his sentence. Marshall briefed issues already decided by this Court. See State v. Marshall, 1999 ND 242, ¶ 7, 603 N.W.2d 878 (holding Marshall qualifies as a dangerous special offender). At oral argument, Marshall presented arguments not briefed. With neither citations to relevant authority, nor any supportive reasoning to buttress his claim of sentence correction, Marshall's arguments are without merit. See Friedt v. Moseanko, 484 N.W.2d 861, 863 (N.D. 1992). We conclude Marshall's appeals are frivolous and completely without merit. We summarily affirm under N.D.R.App.P. 35.1(a)(1).

[¶ 2] GERALD W. VANDEWALLE, C.J., CAROL RONNING KAPSNER, DALE V. SANDSTROM, WILLIAM A. NEUMANN, MARY MUEHLEN MARING.


Summaries of

State v. Marshall

Supreme Court of North Dakota
Jan 15, 2002
2002 N.D. 3 (N.D. 2002)
Case details for

State v. Marshall

Case Details

Full title:State of North Dakota, Plaintiff and Appellee v. Floyd Solomon Marshall…

Court:Supreme Court of North Dakota

Date published: Jan 15, 2002

Citations

2002 N.D. 3 (N.D. 2002)