State v. Steen

[Go to Documents]Filed Apr. 2, 2009[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2009 ND 30

State of North Dakota, Plaintiff and Appellee
v.
Duane Francis Steen, Defendant and Appellant

Nos. 20080243 - 20080247

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge.
AFFIRMED.
Per Curiam.
Nathan Kirke Madden (argued), Assistant State's Attorney, Williams County State's Attorney Office, P.O. Box 2047, Williston, N.D. 58802, for plaintiff and appellee.
Mark Samuel Douglas, N.D. Public Defenders' Office, 16 East Broadway, Williston, N.D. 58801, for defendant and appellant.

State v. Steen
Nos. 20080243 - 20080247 Per Curiam.

[¶1] Duane Francis Steen appealed from a district court order denying him credit for time spent in custody. The district court found, and Steen does not dispute, that he received credit in other criminal cases for the time served. Steen has failed to meet his burden of showing that he is entitled to additional credit for time served in custody. See State v. Rodriquez, 2008 ND 157, ¶¶ 8-11, 755 N.W.2d 102 ("'[W]hen time spent in custody is credited toward an unrelated charge, a defendant is not entitled to credit in another sentence.'" (citations omitted)). We summarily affirm the district court order denying Steen's motions under N.D.R.App.P. 35.1(a)(2).

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