State v. Isom

[Go to Documents]Filed Apr. 2, 2009[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2009 ND 28

State of North Dakota, Plaintiff and Appellee
v.
Richard Isom, Defendant and Appellant

Nos. 20080310 - 20080314

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Gerald H. Rustad, Judge.
AFFIRMED.
Per Curiam.
Nathan Kirke Madden, 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. Isom
Nos. 20080310 - 20080314 Per Curiam.

[¶1] Richard Isom appeals from a district court order denying his motion for credit for time served. Isom argues the district court clearly erred in failing to give him credit for time served in custody. Isom has not met his burden of showing he is entitled to additional credit for time served. See Cue v. State, 2003 ND 97, ¶ 12, 663 N.W.2d 637. We conclude the district court did not clearly err in denying Isom's motion, and we affirm the district court's order 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