Wisham v. State

2017 ND 236, 903 N.W.2d 60, 2017 WL 4639273, 2017 N.D. LEXIS 249

Opinion

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