State v. Neilan

Citations

• 967 N.W.2d 765
• 2021 ND 217

Syllabus

The State may appeal from a district court order granting a defendant a reduction in sentence as the reduction affects a substantial right of the State. The district court's acceptance of a plea agreement does not preclude it from later exercising discretion in reducing the defendant's sentence. Such a reduction is subject to the abuse of discretion standard of review on appeal. This Court's power on appeal is limited by N.D.C.C. § 29-28-35. When the State appeals, this Court cannot reverse an order of the district court if doing so would increase the defendant's sentence.