State v. Moore ( 2023 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
JANUARY 20, 2023
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 10State of North Dakota, Plaintiff and Appellee
v.
Lakeitha Chevette Moore, Defendant and Appellant
No. 20220242
Appeal from the District Court of Grand Forks County, Northeast Central
Judicial District, the Honorable Lolita G. Hartl Romanick, Judge.
AFFIRMED.
Per Curiam.
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.
State v. Moore
No. 20220242
Per Curiam.
[¶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).
[¶3] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1