Wisham v. State

Derek Matthew Wisham, Petitioner and Appellant
v.

State of North Dakota, Respondent and Appellee

No. 20170176

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable David E. Reich, Judge.
AFFIRMED.

Per Curiam.
Steven Balaban, Bismarck, ND, for petitioner and appellant; submitted on brief.
Brian D. Grosinger, Assistant State's Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.

Wisham v. State

No. 20170176

[¶1] Derek Wisham appeals from a district court order denying his application for post-conviction relief. In his application Wisham alleges the district court in the underlying criminal case should have included good time in calculating his sentence and argues sex offender registration is unconstitutional. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). State v. Trieb, 516 N.W.2d 287, 292 (N.D. 1994) (a sentencing court goes outside its jurisdiction when prohibiting, limiting or granting good time, an "administrative tool which the legislature has given the Department of Corrections"); State v. Burr, 1999 ND 143, ¶ 36, 598 N.W.2d 147 (holding the sex offender registry constitutional as a regulatory aid for law enforcement and "collateral consequence upon conviction, not added punishment").

[¶2] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
Jerod E. Tufte