Opinion
No. 20050089
Filed May 17, 2005
Appeal from the District Court of Slope County, Southwest Judicial District, the Honorable Allan L. Schmalenberger, Judge.
AFFIRMED.
William P. Thompson (submitted on brief), pro se, P.O. Box 5521, Bismarck, N.D. 58506-5521, defendant and appellant.
Nici Meyer Clarkson (submitted on brief), State's Attorney, P.O. Box 180, Bowman, N.D. 58623-0180, for plaintiff and appellee.
Per Curiam.
[¶ 1] William Thompson appeals a district court order denying his motion to correct an illegal sentence. We summarily affirm the district court's order under Rule 35.1(a)(1), (7), N.D.R.App.P. United States v. DiFrancesco, 449 U.S. 117, 139 (1980) (statutory authorization of a fine and imprisonment does not violate the double jeopardy clause); State v. Wika, 1998 ND 33, ¶ 15, 574 N.W.2d 831 (criminal sentence within statutory limits is not illegal).
[¶ 2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring