State v. Gonzalez

Citations

• 2024 ND 4

Syllabus

The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively. When an original sentence was entered prior to August 1, 2021, the pre-amendment version of N.D.C.C. § 12.1-32-07(6) limits a district court's ability to resentence a defendant to no more than the previously imposed, but suspended, sentence. The pre-amendment version of N.D.C.C. § 12.1-32-07(6) restrains a district court's discretion to impose consecutive sentences, in cases where the original sentence was imposed before the statute was amended, and the suspended sentence was to run concurrently.