State v. Nelson
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In this case, the defendant, Mathew Nelson, appealed his sentence for sexual assault, gross sexual imposition, and corruption of a minor. He argued that the district court relied on impermissible factors when determining his sentence and that his sentence constituted cruel and unusual punishment.
The Supreme Court of North Dakota affirmed the district court's decision. The Court found that the district court had the discretion to consider the sentencing factors provided in N.D.C.C. § 12.1-32-04 and that it had not relied on impermissible factors. The Court noted that there was evidence in the record to support the court’s consideration of Nelson’s ability to control his behavior when considering the length of his sentence and that the future harm caused by Nelson’s conduct was a permissible sentencing factor to consider.
The Court also found that Nelson’s argument that his sentence constituted cruel and unusual punishment was not adequately articulated or supported, and therefore did not need to be addressed further. Therefore, the Court affirmed the district court’s criminal judgments.
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