State v. Kokron

State of North Dakota, Plaintiff and Appellee
v.
Lance Kokron, Defendant and Appellant

No. 20040034

Appeal from the District Court of Dunn County, Southwest Judicial District, the Honorable Ronald L. Hilden, Judge.
AFFIRMED AND REMANDED.
Per Curiam.
Ross L. Sundeen, State's Attorney, 109 Fifth Street SW, P.O. Box 1260, Watford City, N.D. 58854-1260, for plaintiff and appellee; submitted on brief.
William G. Heth, 112 Third Street West, P.O. Box 827, Dickinson, N.D. 58602-0827, for defendant and appellant; submitted on brief.

State v. Kokron
No. 20040034

Per Curiam.

[¶1] Lance A. Kokron appeals from the district court's criminal judgment sentencing him, on a plea of guilty, to ten years imprisonment for one count of Gross Sexual Imposition, a class B felony, in violation of N.D.C.C. § 12.1-20-03(2).

[¶2] On appeal, Kokron argues the district court failed to consider all applicable sentencing alternatives and failed to consider mitigating circumstances before sentencing Kokron. We summarily affirm under Rule 35.1(a)(4), N.D.R.App.P.

[¶3] Kokron also argues the district court imposed an illegal sentence as a result of its failure to specify whether Kokron had pled guilty to either subdivision (a) or (b) of N.D.C.C. § 12.1-20-03(2). Kokron argues this omission could affect his eligibility for parole, nullifying the district court's attempt to allow the parole board to exercise its discretion in determining his release.

[¶4] The State, in filings with this Court, stipulated that the criminal judgment should be corrected to indicate Kokron pled guilty to a violation of N.D.C.C. § 12.1-20-03(2)(a). We therefore direct entry of an amended judgment reflecting that fact.

[¶5]Gerald W. VandeWalle, C.J.
William A. Neumann
Carol Ronning Kapsner
Dale V. Sandstrom
Mary Muehlen Maring