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STATE of North Dakota, Plaintiff and Appellee v. David Eugene TULLY, Defendant and Appellant
[¶1] David Tully appeals from a criminal judgment entered after he pled guilty to terrorizing in violation of N.D.C.C. § 12.1-17-04. On appeal, Tully argues that his case should be remanded to the district court to withdraw his guilty plea because the court failed to substantially comply with N.D.R.Crim.P. 11(b)(1)(A)-(E) and (3). He did not raise these issues at the district court. We do not address issues raised for the first time on appeal unless they rise to the level of obvious error affecting substantial rights under N.D.R.Crim.P. 52(b). State v. Hoehn, 2019 ND 222, ¶ 20, 932 N.W.2d 553; State v. Cox, 2017 ND 23, ¶¶ 8, 10, 889 N.W.2d 848. This Court finds no obvious error, and we therefore summarily affirm under N.D.R.App.P. 35.1(a)(3) & (7).
Per Curiam.
[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte
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Docket No: No. 20220214
Decided: December 08, 2022
Court: Supreme Court of North Dakota.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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