State v. Bearce

Citations

• 2023 ND 231

Syllabus

A district court does not err when reducing a defendant's sentence within the 120-day period mandated by Rule 35(b), N.D.R.Crim.P. It is mandatory under Rule 35(b), N.D.R.Crim.P., that the sentencing judge, whenever reducing a sentence as permitted by Rule 35, give his reasons for the reduction. This Court's power on appeal is limited by N.D.C.C. § 29-28-35. When the State appeals, this Court cannot reverse an order of the district court if doing so would increase the defendant's sentence. Neither the district court nor the State may invoke section 25 rights on behalf of a victim and when no individual exercises the victim's right to participate in any post-judgment processes and procedures, a court does not err when it issues an order on a post-judgment without the victim's consideration.