North Dakota v. McGinnis
Annotate this CaseNeil McGinnis appealed a district court’s second amended criminal judgments entered after the court revoked his probation and resentenced him to five years’ imprisonment in case 08-2017-CR-00721 and five years’ imprisonment in case 08-2016-CR-01827, both to run concurrently. In 2017, McGinnis pled guilty to burglary and theft of property in the case ending in 00721. He was sentenced to 3 years’ imprisonment on both counts with all but 33 days suspended and was placed on probation for a period of two years. He then pled guilty to a second theft of property offense two months later in the case ending in 01827. He was sentenced to five years’ imprisonment with all but 53 days suspended and was placed on probation for a period of three years. He argued his sentence was illegal because the court resentenced him to a length of time that exceeded his original sentence. The North Dakota Supreme Court found no reversible error in 08-2016- CR-01827. The Court reversed and remanded the second amended criminal judgment entered in 08-2017-CR-00721, finding that the sentence was illegal because McGinnis was re-sentenced for a duration exceeding the suspended sentence imposed in his judgment of conviction.
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