State v. Adams
Decision Date | 16 September 2009 |
Docket Number | No. 20090101.,20090101. |
Citation | 772 N.W.2d 878,2009 ND 168 |
Parties | STATE of North Dakota, Plaintiff and Appellee v. Stephen Paul ADAMS, Defendant and Appellant. |
Court | North Dakota Supreme Court |
Gary E. Euren, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.
Mark Taylor Blumer, Valley City, ND, for defendant and appellant.
[¶ 1] Stephen Paul Adams appeals from the district court's order entered after Adams' conditional plea of guilty for the charges of possession of marijuana with intent to deliver or manufacture and possession of drug paraphernalia. Adams argues the district court improperly denied his motion to suppress evidence found in a locked safe in his bedroom. We dismiss the appeal after concluding we do not have jurisdiction.
[¶ 2] Adams lived in a Fargo apartment with a person who was on probation. Law enforcement officers conducted a probation search of the apartment. The search resulted in Adams being charged with possession of marijuana with intent to distribute or manufacture and possession of drug paraphernalia.
[¶ 3] Adams moved to suppress some of the evidence seized during the search, alleging the search violated his Fourth Amendment right to be free from illegal search and seizures. The district court issued a written order denying Adams' motion to suppress. Adams entered a conditional plea of guilty. The district court issued an order accepting the conditional pleas and stated, "Sentencing is hereby continued pending the Defendant's appeal to the North Dakota Supreme Court of the adverse ruling of the Court [ ] in it's Findings of Fact, Conclusions of Law, and Order on Motion to Suppress and Decision therein dated January 27, 2009." Adams was not sentenced, and no judgment of conviction has been entered. Adams appealed from the March 9, 2009 order of Conditional Plea.
[¶ 4] "The right of appeal is governed solely by statute, and if there is no statutory basis for an appeal we must take notice of the lack of jurisdiction and dismiss the appeal." City of Grand Forks v. Riemers, 2008 ND 153 ¶ 5, 755 N.W.2d 99 ( ). This Court has explained:
1. A verdict of guilty;
2. A final judgment of conviction;
3. An order refusing a motion in arrest of judgment;
4. An order denying a motion for a new trial; or
5. An order made after judgment affecting any substantial right of the party.
State v. Schmitz, 431 N.W.2d 305, 306-07 (N.D.1988).
[¶ 5] The Schmitz case involved four cases that were consolidated on appeal. Id. at 306. Appeals in three of the cases were dismissed because they did not have judgments of conviction or other final reviewable orders as required by N.D.C.C. § 29-28-06. Schmitz, 431 N.W.2d at 307. Here, the district court entered an order accepting Adams' conditional guilty pleas but stayed sentencing pending appeal. Like in Schmitz, Adams received no...
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State Of N.D. v. Adams
...order of conditional plea. We dismissed the appeal because no judgment of conviction or final order had been entered. See State v. Adams, 2009 ND 168, 772 N.W.2d 878. [¶ 5] A change of plea and sentencing hearing was held. Adams entered a conditional plea of guilty and was sentenced. A crim......