North Dakota v. EvansonAnnotate this Case
Megan Evanson appealed criminal judgments imposed in two consolidated cases. Evanson and her husband were involved in the theft of a catalytic converter from a truck and several tools from two different individuals. In the first case, Evanson was charged with criminal trespass, a class B misdemeanor, criminal mischief, a class B misdemeanor, and theft, a class A misdemeanor. In the second case, Evanson was charged with burglary, a class C felony, and theft, a class C felony. Evanson entered not guilty pleas in both cases. Evanson changed her pleas to guilty on February 21, 2020, and was sentenced in both cases that same day. At the sentencing hearing, the State read Evanson’s criminal history to the district court and Evanson made no objection. In the first case, Evanson was sentenced to 19 days with 19 days’ credit for time served. In the second case, Evanson was sentenced to 11 months in custody with all but 19 days suspended, with 18 months of supervised probation, credit for 19 days previously served, and fines to be paid by September 30, 2020. Evanson filed her notice of appeal on February 28, 2020, arguing the district court improperly considered her prior convictions at sentencing without knowing whether the convictions were counseled. Evanson claimed her criminal history should not have been considered as a factor in sentencing because the State did not inform the court whether her prior convictions were uncounseled and without proper waiver. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's judgments.