North Dakota v. WelchAnnotate this Case
Dametrian Welch appealed a district court order and amended criminal judgment. In the original judgment, count one incorrectly stated that Welch pled guilty to murder. Although Welch was originally charged with murder, under the plea agreement, the State amended the charge to “Criminal Facilitation to Murder” in exchange for Welch’s guilty plea to both criminal facilitation to murder and conspiracy to commit burglary. Welch requested the court correct its clerical error in the original judgment by amending the title of the offense in count one from “murder” to “criminal facilitation” and listing the facilitation statute, N.D.C.C. 12.1-06-02, instead of the murder statute. The State agreed that the facilitation statute could be added but should not replace the murder statute because the charge was facilitation of murder. The State argued the district court did not abuse its discretion in describing the offense of conviction as “Criminal Facilitation to Murder.” Finding no reason to disturb the district court’s order, the North Dakota Supreme Court affirmed.