State v. Kokron
Case Date: 06/30/2004
Docket No: 20040034
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State v. KokronNo. 20040034 Per Curiam. [¶1] Lance A. Kokron appeals from the district court's criminal judgment sentencing him, on a plea of guilty, to ten years imprisonment for one count of Gross Sexual Imposition, a class B felony, in violation of N.D.C.C. § 12.1-20-03(2). [¶2] On appeal, Kokron argues the district court failed to consider all applicable sentencing alternatives and failed to consider mitigating circumstances before sentencing Kokron. We summarily affirm under Rule 35.1(a)(4), N.D.R.App.P. [¶3] Kokron also argues the district court imposed an illegal sentence as a result of its failure to specify whether Kokron had pled guilty to either subdivision (a) or (b) of N.D.C.C. § 12.1-20-03(2). Kokron argues this omission could affect his eligibility for parole, nullifying the district court's attempt to allow the parole board to exercise its discretion in determining his release. [¶4] The State, in filings with this Court, stipulated that the criminal judgment should be corrected to indicate Kokron pled guilty to a violation of N.D.C.C. § 12.1-20-03(2)(a). We therefore direct entry of an amended judgment reflecting that fact. [¶5]Gerald W. VandeWalle, C.J. |