WISHAM v. STATE, 903 N.W.2d 60 (2017)
Court: Supreme Court of North Dakota
Number: inndco20171017602
Visitors: 6
Filed: Oct. 17, 2017
Latest Update: Oct. 17, 2017
Summary: Per Curiam . [ 1] Derek Wisham appeals from a district court order denying his application for post-conviction relief. In his application Wisham alleges the district court in the underlying criminal case should have included good time in calculating his sentence and argues sex offender registration is unconstitutional. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). State v. Trieb, 516 N.W.2d 287 , 292 (N.D. 1994) (a sentencing court goes outside its jurisdiction when prohibiti
Summary: Per Curiam . [ 1] Derek Wisham appeals from a district court order denying his application for post-conviction relief. In his application Wisham alleges the district court in the underlying criminal case should have included good time in calculating his sentence and argues sex offender registration is unconstitutional. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). State v. Trieb, 516 N.W.2d 287 , 292 (N.D. 1994) (a sentencing court goes outside its jurisdiction when prohibitin..
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Per Curiam.
[¶ 1] Derek Wisham appeals from a district court order denying his application for post-conviction relief. In his application Wisham alleges the district court in the underlying criminal case should have included good time in calculating his sentence and argues sex offender registration is unconstitutional. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). State v. Trieb, 516 N.W.2d 287, 292 (N.D. 1994) (a sentencing court goes outside its jurisdiction when prohibiting, limiting or granting good time, an "administrative tool which the legislature has given the Department of Corrections"); State v. Burr, 1999 ND 143, ¶ 36, 598 N.W.2d 147 (holding the sex offender registry constitutional as a regulatory aid for law enforcement and "collateral consequence upon conviction, not added punishment").
[¶ 2] Gerald W. VandeWalle, C.J.
Daniel J. Crothers.
Lisa Fair McEvers.
Jon J. Jensen.
Jerod E. Tufte.
Source: Leagle
