Opinion
No. 20170176
10-17-2017
Derek Matthew Wisham, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee
Steven Balaban, Bismarck, ND, for petitioner and appellant; submitted on brief. Brian D. Grosinger, Assistant State's Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable David E. Reich, Judge.
AFFIRMED.
Per Curiam.
Steven Balaban, Bismarck, ND, for petitioner and appellant; submitted on brief.
Brian D. Grosinger, Assistant State's Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.
[¶1] Derek Wisham appeals from a district court order denying his application for post-conviction relief. In his application Wisham alleges the district court in the underlying criminal case should have included good time in calculating his sentence and argues sex offender registration is unconstitutional. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). State v. Trieb, 516 N.W.2d 287, 292 (N.D. 1994) (a sentencing court goes outside its jurisdiction when prohibiting, limiting or granting good time, an "administrative tool which the legislature has given the Department of Corrections"); State v. Burr, 1999 ND 143, ¶ 36, 598 N.W.2d 147 (holding the sex offender registry constitutional as a regulatory aid for law enforcement and "collateral consequence upon conviction, not added punishment").
[¶2]