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State v. McCleary

Citations

  • 2025 ND 24

Syllabus

Application of the Uniform Mandatory Disposition of Detainers Act is limited to those instances where a detainer has been filed against a person imprisoned in a penal or correctional institution in North Dakota already serving a sentence within the state. The UMDDA does not apply to prisoners who have been released on parole because the person is no longer imprisoned serving a sentence for a term of commitment. A defendant who stipulates the statutory habitual offender requirements were met waives any alleged procedural defects by the district court in applying the habitual offender sentencing enhancements.

Judges: McEvers, Lisa K. Fair

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