State v. Jacobs
Case Date: 11/14/2007
Docket No: 20070033
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State v. JacobsNo. 20070033 Per Curiam. [¶1] Nicole Eileen Jacobs appeals from a criminal judgment following a jury trial in which she was found guilty of possession of methamphetamine with intent to deliver, a class A felony, and possession of drug paraphernalia, a class C felony. The possession with intent to deliver was enhanced to a class AA felony under N.D.C.C. § 19-03.1-23.1(1)(a) because the jury found the offense occurred within one thousand feet of a school. [¶2] Subsequent to the jury verdict and criminal judgment, this Court, in State v. Dennis, 2007 ND 87, ¶ 1, 733 N.W.2d 241, held the plain language of N.D.C.C. § 19-03.1-23.1(1)(a) provides an offense enhancement only for the manufacture and distribution of a controlled substance within one thousand feet of a school. We remanded to the district court for resentencing after Jacobs filed a motion to remand or to file a supplemental brief. The court resentenced Jacobs and reclassified her offense of possession of methamphetamine with intent to deliver as a class A felony rather than a class AA felony. As a result of our decision in State v. Dennis, the issues raised in Jacobs' appeal are moot; therefore, we summarily affirm the district court's amended criminal judgment under N.D.R.App.P. 35.1(a)(7). [¶3] Gerald W. VandeWalle, C.J. |