State v. Eagleman

Citations

• 2024 ND 231

Syllabus

While we have previously treated motions filed under the rules of criminal procedure as applications under the Uniform Postconviction Procedure Act, we have done so in the limited circumstance where the defendant has filed a previous application for postconviction relief and the filing in the criminal case hints at an attempt to \avoid the procedures of the Uniform Postconviction Procedure Act.\ It is not proper for a defendant to collaterally attack the underlying conviction by way of a motion to correct an illegal sentence because the \Uniform Postconviction Procedure Act is the exclusive remedy for collaterally challenging a judgment of conviction or sentence . . . .\