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STATE of North Dakota, Plaintiff and Appellee v. Gina Marie KELLY, Defendant and Appellant
State of North Dakota, Plaintiff and Appellee v. Gina Kelly, Defendant and Appellant
[¶1] Gina Marie Kelly appeals from criminal judgments entered after she pleaded guilty to driving under the influence, fourth or greater offense, in two separate cases. Kelly argues her guilty pleas were not knowingly, intelligently, and voluntarily entered; her due process rights were violated and manifest injustice requires withdrawal of her pleas; and her sentence was imposed in violation of North Dakota law.
[¶2] Kelly did not move at the district court to withdraw either of her guilty pleas. The issues related to whether Kelly's guilty pleas were knowingly, intelligently, and voluntarily entered, and whether manifest injustice requires withdrawal of her pleas for that reason, are not preserved for appeal. State v. Cox, 2017 ND 23, ¶ 8, 889 N.W.2d 848 (“Cox's motions to withdraw his guilty plea were not filed and are not included in the record. No motions are pending. Any arguments related to withdrawing the guilty plea are raised for the first time on appeal. This Court does not address issues raised for the first time on appeal. State v. Chatman, 2015 ND 296, ¶ 22, 872 N.W.2d 595.”). We summarily affirm under N.D.R.App.P. 35.1(a)(7).
[¶3] Kelly argues the district court relied on an illegal factor in sentencing her. Kelly failed to provide any supporting authority for her assertion, and we summarily affirm under N.D.R.App.P. 35.1(a)(8).
Per Curiam.
[¶4] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte
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Docket No: No. 20210342, No. 20210350
Decided: May 26, 2022
Court: Supreme Court of North Dakota.
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