OSTAFIN v. STATE

Criminal No. 960243.

564 N.W.2d 616 (1997)

1997 ND 102

Shawn Allen OSTAFIN, Petitioner and Appellee, v. The STATE of North Dakota, Respondent and Appellant.

Supreme Court of North Dakota.

June 3, 1997.


Attorney(s) appearing for the Case

Allen M. Koppy (argued), State's Attorney, Mandan, for respondent and appellant.

Ross H. Espeseth (argued), LaRoy Baird, P.C., Bismarck, for petitioner and appellee.


MARING, Justice.

[¶ 1] The State appeals from an order granting Shawn Ostafin's motion to correct an illegal sentence on the ground that his waiver of any "good time" earned was illegal. We affirm the district court's order that the original sentence was illegal, reverse that portion of the order allowing the withdrawal of the guilty plea, and remand for re-sentencing.

[¶ 2] On November 8, 1991, Shawn...

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