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State v. Russell

Supreme Court of North Dakota.
Jan 14, 2016
2016 N.D. 7 (N.D. 2016)

Opinion

No. 20150205.

01-14-2016

STATE of North Dakota, Plaintiff and Appellee v. Charles William RUSSELL, II, Defendant and Appellant.

Pat J. Merriman, Assistant State's Attorney, Killdeer, N.D., for plaintiff and appellee; on brief. Charles W. Russell, II, self-represented, Bismarck, N.D., defendant and appellant; on brief.


Pat J. Merriman, Assistant State's Attorney, Killdeer, N.D., for plaintiff and appellee; on brief.

Charles W. Russell, II, self-represented, Bismarck, N.D., defendant and appellant; on brief.

Opinion

PER CURIAM.

[¶ 1] Charles William Russell, II, appeals from an amended criminal judgment revoking his probation and sentencing him to two years in prison. Russell argues the district court erred in revoking his probation and sentencing him without first determining that he was mentally competent to represent himself or to understand the proceedings. Russell also argues the court lacked jurisdiction in this case because he claims his “body to be in the Divine Trust.” We conclude the court did not commit obvious error by failing to hold a competency hearing on its own motion and the court had jurisdiction over the proceedings. We affirm under N.D.R.App.P. 35.1(a)(1) and (3).

[¶ 2] GERALD W. VANDE WALLE, C.J., DALE V. SANDSTROM, DANIEL J. CROTHERS, LISA FAIR McEVERS, and CAROL RONNING KAPSNER, JJ., concur.


Summaries of

State v. Russell

Supreme Court of North Dakota.
Jan 14, 2016
2016 N.D. 7 (N.D. 2016)
Case details for

State v. Russell

Case Details

Full title:STATE of North Dakota, Plaintiff and Appellee v. Charles William RUSSELL…

Court:Supreme Court of North Dakota.

Date published: Jan 14, 2016

Citations

2016 N.D. 7 (N.D. 2016)
876 N.W.2d 485