STATE v. MOORE (2023)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Lakeitha Chevette MOORE, Defendant and Appellant

No. 20220242

Decided: January 20, 2023

Carmell F. Mattison, Assistant State's Attorney, Grand Forks, ND, for plaintiff and appellee; submitted on brief. Laura C. Ringsak, Bismarck, ND, for defendant and appellant; submitted on brief.

[¶1] Lakeitha Moore appeals from a criminal judgment after pleading guilty to conspiracy to deliver a controlled substance, a class B felony. The district court considered the relevant sentencing factors under N.D.C.C. § 12.1-32-04, and sentenced Moore to ten years in prison, with five years suspended and two years of supervised probation. Moore argues the court did not appropriately weigh or consider the relevant sentencing factors.

[¶2] After reviewing the record, the court did not abuse its discretion in sentencing Moore. The court sentenced Moore within the statutory range for a class B felony, and she makes no showing the court relied on an impermissible factor. See State v. Corman, 2009 ND 85, ¶ 15, 765 N.W.2d 530 (“Appellate review of a criminal sentence is generally confined to whether the court acted within the sentencing limits prescribed by statute, or substantially relied upon an impermissible factor.”). We summarily affirm under N.D.R.App.P. 35.1(a)(4).

Per Curiam.

[¶3] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte