Summary
The North Dakota Supreme Court dismissed Perry Oshiro’s appeal from the denial of his motion to correct his sentences. The court held the appeal moot because Oshiro had completed his concurrent revocation sentences and was released from prison while the appeal was pending, with no remaining collateral consequences.
Holdings
- A defendant’s sentencing appeal is moot when the defendant completes the challenged prison term and is released without supervised release or probation relating to that sentence, because the court can no longer grant effective relief and no collateral consequences remain.
Questions Presented
- Whether Oshiro’s sentencing appeal became moot after he completed his prison sentence and was released without supervised release or probation to follow.
- Whether any collateral consequences preserved a live controversy despite completion of the sentence.
Disposition
dismissed
Cases Cited (7)
- In re W.O., 2004 ND 8, ¶ 10, 673 N.W.2d 264(followed)
- Rodriguez v. N.D. State Penitentiary, 2014 ND 49, ¶¶ 6–7, 843 N.W.2d 692(followed)
- State v. Olson, 2003 ND 23, ¶ 9, 656 N.W.2d 650(followed)
- Owen v. United States, 930 F.3d 989, 990–91 (8th Cir. 2019)(persuasive)
- United States v. Solano-Hernandez, 761 Fed. App’x 276, 280 (5th Cir. 2019)(persuasive)
- State v. Montgomery, 286 P.3d 866, 871 (Kan. 2012)(persuasive)
- Casiano v. State, 280 So. 3d 105, 106–07 (Fla. Dist. Ct. App. 2019)(persuasive)
Cited In (0)
No citing cases on record yet.
Court Document
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