Kalvoda v. Bismarck Public School Dist. 1
Opinion
Filed 2/8/11 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2011 ND 13
Eric J. Rudolph, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20100249
Appeal from the District Court of Dickey County, Southeast Judicial District, the Honorable Mikal Simonson, Judge.
AFFIRMED.
Per Curiam.
Jason M. Hastings, Hastings Law, L.L.C., P.O. Box 196, 123 East Lincoln Avenue, Fergus Falls, Minnesota 56538, for petitioner and appellant.
Jonathan R. Byers, Assistant Attorney General, Office of Attorney General, 600 East Boulevard Avenue, Bismarck, N.D. 58505-0040, for respondent and appellee.
Rudolph v. State
No. 20100249
Per Curiam.
[¶1] Eric Rudolph appeals the district court’s order summarily dismissing his petition for post-conviction relief. The issue Rudolph preserved for appeal was that the district court’s amended judgment increasing his sentence from five years to seven years violated his right against double jeopardy. We summarily affirm the district court’s order under N.D.R.App.P. 35.1(a)(2) and (6).
[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner
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