State v. Jacobs

Filed Nov. 14, 2007
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2007 ND 176

State of North Dakota, Plaintiff and Appellee
v.
Nicole Eileen Jacobs, Defendant and Appellant

No. 20070033

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.
AFFIRMED.
Per Curiam.
Cynthia M. Feland, Assistant State's Attorney, and Matthew Ramage-White (on brief), third-year law student, under the Rule on Limited Practice of Law by Law Students, Courthouse, 514 East Thayer, Bismarck, N.D. 58501-4413, for plaintiff and appellee.
Kent M. Morrow, 411 North Fourth Street, P.O. Box 2155, Bismarck, N.D. 58502-2155, for defendant and appellant.

State v. Jacobs
No. 20070033

Per Curiam.

[¶1] Nicole Eileen Jacobs appeals from a criminal judgment following a jury trial in which she was found guilty of possession of methamphetamine with intent to deliver, a class A felony, and possession of drug paraphernalia, a class C felony. The possession with intent to deliver was enhanced to a class AA felony under N.D.C.C. § 19-03.1-23.1(1)(a) because the jury found the offense occurred within one thousand feet of a school.

[¶2] Subsequent to the jury verdict and criminal judgment, this Court, in State v. Dennis, 2007 ND 87, ¶ 1, 733 N.W.2d 241, held the plain language of N.D.C.C. § 19-03.1-23.1(1)(a) provides an offense enhancement only for the manufacture and distribution of a controlled substance within one thousand feet of a school. We remanded to the district court for resentencing after Jacobs filed a motion to remand or to file a supplemental brief. The court resentenced Jacobs and reclassified her offense of possession of methamphetamine with intent to deliver as a class A felony rather than a class AA felony. As a result of our decision in State v. Dennis, the issues raised in Jacobs' appeal are moot; therefore, we summarily affirm the district court's amended criminal judgment under N.D.R.App.P. 35.1(a)(7).

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