North Dakota Supreme Court

Holkesvig v. Welte

August 18, 20112011 ND 161

Summary

The North Dakota Supreme Court affirmed the district court’s denial of Clark’s motion to correct his sentences and held that his due‑process rights were not violated by the delay in revoking his probation. The Court interpreted the statutory term “merge” as meaning concurrent sentences and found no prejudice from the revocation delay.

Holding

  • Whether the sentences in cases 951 and 1418 merged with the later sentences under N.D.C.C. § 12.1‑32‑11(1).. The sentences did not merge into a single term; they remain separate but run concurrently, and the district court correctly denied the motion to correct the sentences.
  • Whether the delay in serving the probation‑revocation petition violated Clark’s due‑process rights.. The delay did not violate due‑process because Clark was not prejudiced by it.

Docket 20100315

Cited authorities

  • Mont. Code Ann. § 46-18-401
  • Mont. Code Ann. § 46-18-401
  • Mont. Code Ann. § 46-18
  • 18 U.S.C. § 3583

Cited by