State v. Gomez

Citations

• 2025 ND 60

Syllabus

Section 12.1-32-02(2), N.D.C.C., requires the time spent in custody to be as a result of either the charge for which the sentence was imposed or the conduct on which the charge was based. The Court will review a claim of an illegal sentence even when the defendant did not raise this argument below by objecting at sentencing or through a motion under N.D.R.Crim.P. 35(a). Any credit for good time the defendant is entitled to must be stated in the criminal judgment.