COOK v. STATE (2023)

[¶1] Joshua Cook appeals from a district court's judgment denying his application for post-conviction relief. The court considered N.D.C.C. § 29-32.1-12(1) and found that Cook's claim was fully and finally determined during the appeal of his criminal conviction. Cook argues the court erred because it did not apply what he characterizes as an ameliorative penal change to N.D.C.C. § 19-03.1-23(2) that went into effect after his sentencing date but before his conviction was affirmed on appeal.

[¶2] After reviewing the record, the district court did not err in its findings of fact or conclusions of law. The court did not err in relying on our prior decision in State v. Cook, 2018 ND 100, ¶ 31, 910 N.W.2d 179, that determined Cook was properly sentenced under the law in effect at the time of the sentencing hearing and prior to the effective date of the statutory amendment. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7).

Per Curiam.

[¶3] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Douglas A. Bahr Daniel D. Narum, D.J.[¶4] The Honorable Daniel D. Narum, D.J., sitting in place of Tufte, J., disqualified.