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· 1/12/2021

State v. Evanson

Citations

  • 2021 ND 4

Syllabus

When a defendant fails to object to the introduction of prior convictions at sentencing, and the court did not substantially rely on the convictions as the basis for enhancing a defendant's sentence or increasing their offense level, obvious error is the appropriate standard of review. A defendant cannot establish obvious error if they cannot first establish that an error has occurred.

Judges: McEvers, Lisa K. Fair

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