State v. Pailing

Filed Dec. 20, 2005
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2005 ND 211

State of North Dakota, Plaintiff and Appellee
v.
Allan Pailing, Defendant and Appellant

Nos. 20050073 & 20050120

Allan Pailing, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Nos. 20050306 - 20050309

Appeals from the District Court of Burleigh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.
AFFIRMED.
Per Curiam.
Cynthia M. Feland, Assistant State's Attorney, Courthouse, 514 East Thayer Avenue, Bismarck, N.D. 58501-4413, for appellee; submitted on brief.
Todd A. Schwarz, Parkade Building, 2nd Floor, 515½ East Broadway, Suite 103, Bismarck, N.D. 58501, for appellant; submitted on brief.

State v. Pailing
Nos. 20050073, 20050120, and 20050306 - 20050309

Per Curiam.

[¶1] Allan Pailing appeals the district court's amended judgment, order denying his motion to amend his criminal judgment, and order denying his petition for post-conviction relief. Pailing pled guilty to several drug and traffic offenses. He was sentenced to three years' imprisonment for each of the felony drug charges and one year or less for the traffic offenses. The district court ordered that all the sentences run concurrently and that he be given credit for time served in pretrial incarceration. Pailing argues the court erred in calculating the number of days of credit to which he was entitled for time served. The district court did not abuse its discretion in setting Pailing's sentence and did not clearly err in denying his petition for post-conviction relief. We summarily affirm the amended judgment, order denying Pailing's motion to amend his criminal judgment, and order denying Pailing's petition for post-conviction relief as provided in N.D.R.App.P. 35.1(a)(3) and (4).

[¶2]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner