STATE v. NEILAN

No. 20210065.

967 N.W.2d 765 (2021)

2021 ND 217

STATE of North Dakota, Plaintiff and Appellant, v. Bradley M. NEILAN, Defendant and Appellee.

Supreme Court of North Dakota.

FILED December 9, 2021.


Attorney(s) appearing for the Case

Mindy L. Anderson (argued), Assistant State's Attorney, Dennis H. Ingold (on brief), Assistant State's Attorney, and Jamie Schaible (on brief), third-year law student, under the Rule on Limited Practice of Law by Law Students, Bismarck, ND, for plaintiff and appellant.

Philip Becher (argued) and Elisabeth E. Hewett (appeared), Minot, ND, for defendant and appellee.


[¶1] The State of North Dakota appeals from an amended judgment entered after the district court modified Bradley Neilan's sentence under North Dakota Rule of Criminal Procedure 35(b). The State argues the court was precluded from modifying a sentence imposed pursuant to a plea agreement or, in the alternative, the court...

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