STATE v. GAEDE (2025)

[¶1] Dennis Gaede appeals from an order denying his N.D.R.Crim.P. 35(a) motion to correct an illegal sentence. A jury convicted Gaede of murder in 2006, and the district court sentenced him to life imprisonment without the possibility of parole. See State v. Gaede, 2007 ND 125, ¶ 7, 736 N.W.2d 418. He argues his sentence is illegal because he is innocent, the State did not meet its burden at trial, the jury instructions were improper, jurors engaged in misconduct, and witnesses falsely testified. The purpose of Rule 35(a) is to permit courts to correct a sentence that is not authorized by the judgment of conviction. State v. Gray, 2017 ND 108, ¶ 17, 893 N.W.2d 484. A Rule 35(a) motion may not be used to collaterally attack a conviction or re-examine other errors that occurred prior to imposition of a sentence. Id.; see also State v. Meier, 440 N.W.2d 700, 703 (N.D. 1989). We summarily affirm under N.D.R.App.P. 35.1(a)(7).

Per Curiam.

[¶2] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr