State v. Ernst

[Go to Documents]Filed Feb. 1, 2007[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2007 ND 11

State of North Dakota, Plaintiff and Appellee
v.
Ronald Rudolph Ernst, Defendant and Appellant

Nos. 20060250 & 20060251

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven E. McCullough, Judge.
AFFIRMED.
Per Curiam.
Leah J. Viste (on brief), Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee.
Ronald R. Ernst (on brief), pro se, defendant and appellant.

State v. Ernst
Nos. 20060250 & 20060251

Per Curiam.

[¶1] Ronald Ernst appeals from a district court order denying his motion under N.D.R.Crim.P. 35(a). Ernst pled guilty on October 28, 2002, to burglary, stalking, two counts of theft, disorderly conduct, criminal mischief, and indecent exposure. Ernst argues the district court erred by failing to give him the proper amount of credit for time served; the court did not orally announce all of the conditions of probation at the sentencing hearing; the court amended the judgment after his sentence began; the court did not announce a minimum sentence; and the court imposed illegal conditions on his probation. We affirm the district court's order under N.D.R.App.P. 35.1(a)(4) and (7). See Ernst v. State, 2006 ND 203; State v. Ernst, 2006 ND 41, 710 N.W.2d 678; State v. Ernst, 2004 ND 221, 691 N.W.2d 193; Ernst v. State, 2004 ND 152, 683 N.W.2d 891.

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