North Dakota v. Larsen
Annotate this CaseNicholas Larsen appealed orders revoking probation entered in three criminal cases. Larsen argued the district court imposed illegal sentences. In November 2020, the district court entered judgment in criminal case no. 18-2019-CR-02518 on four C felony-controlled substance violations, sentencing Larsen to 36 months’ imprisonment, all suspended except 224 days, on each count and placing him on two years of supervised probation. The same day, the court entered judgment in criminal case no. 18-2019-CR-02733 on two C felony-controlled substance violations, sentencing Larsen to 360 days’ imprisonment, all suspended except 224 days, on each count and placing him on two years of supervised probation. Again on the same day, the court entered judgment in criminal case no. 18-2020-CR-00676 on two C felony-controlled substance violations, sentencing Larsen to 36 months’ imprisonment, with all suspended except 184 days, on each count and placing him on two years of supervised probation. The State filed the underlying petitions for revocation on April 20, 2022 in all three cases, alleging violations occurred beginning in November 2021 through April 2022. In November 2022, the district court held a revocation hearing and Larsen admitted to all six allegations in the petitions. Upon revocation, the court resentenced Larsen to 36 months’ imprisonment with credit for the respective time served. The sentences were concurrent on the three cases on appeal, but consecutive to a newly filed case, case no. 09-2022-CR-02257, a Cass County controlled substance possession with intent conspiracy conviction. The North Dakota Supreme Court determined Larsen’s criminal convictions and sentencing occurred prior to a August 2021 amendment to the law under which he was charged. Applying the new version of the statute to Larsen’s November 23, 2022 revocations and resentencing would be a retroactive application of the August 2021 amendment to resentence Larsen to a greater penalty than he could have been resentenced to before the statute’s amendment. The Court affirmed the orders for revocation in criminal case nos. 18-2019-CR- 02518 and 18-2020-CR-00676. The Court reversed and remanded for resentencing in criminal case no. 18-2019-CR-02733.
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