State v. Vollrath
State v. Vollrath
Opinion
[¶ 1] Dalyn James Vollrath appeals from a district court order requiring him to pay Pembina County $5,000 for guardian ad litem fees. Because the order was issued after the conviction was final and the issue was not preserved, the district court lacked jurisdiction to amend the sentence. We vacate the order requiring payment of guardian ad litem fees.
I
[¶ 2] Vollrath was charged with one count of child abuse under N.D.C.C. § 14-09-22. He moved the district court for appointment of a guardian ad litem to protect the best interests of the minor child. The district court appointed a guardian ad litem in May 2017, stating the guardian ad litem's fees would be "subject to future reimbursement considerations." On September 29, 2017, Vollrath pled guilty to one count of child neglect under § 14-09-22.1. The court entered an Order Deferring Imposition of Sentence ("DIS Order") on October 4, 2017. Pembina County sent the district court a letter on November 21, 2017, requesting reimbursement for the guardian ad litem fees. On December 8, 2017, the court entered a Reimbursement Order requiring Vollrath to pay Pembina County $5,000 as reimbursement of the guardian ad litem fees paid by the County.
[¶ 3] Vollrath filed a motion to vacate the Reimbursement Order on December 13, 2017. On March 8, 2018, the court stated the Reimbursement Order "does not constitute restitution, reparation or reimbursement of indigent defense costs and expenses," and declined to hold a hearing on the motion to vacate but invited supplemental arguments in writing. Both Vollrath and the State submitted supplemental arguments. By order dated April 19, 2018, the court denied Vollrath's request for relief. Vollrath timely appealed that order.
II
[¶ 4] Vollrath argues, among other things, the district court acted beyond its jurisdiction when it ordered reimbursement. After jurisdiction is initially invoked, a district court continues to possess jurisdiction "until all issues before the court have been finally determined," particularly when the court "expressly indicates its intention to rule later on a particular matter."
J.S.S. v. P.M.Z.
,
[¶ 5] A criminal matter is final when no appeal is taken before the time for appeal expires.
Morel v. State
,
[¶ 6] A criminal action is considered "pending" from its commencement to its "final determination upon appeal or until the time for appeal has passed."
State v. Prince
,
[¶ 7] The Reimbursement Order must be vacated if it was "not authorized by the judgment of conviction."
State v. Edwards
,
[¶ 8] The statement in the May 2017 Order that the County shall pay the guardian ad litem fees "subject to future reimbursement considerations" was not carried over to the DIS Order. Because the DIS Order is appealable as a final judgment and reserved no issues for further resolution, the district court lost jurisdiction when the time for appeal expired.
See
Meier
,
[¶ 9] On appeal, Vollrath also seeks vacation of the DIS Order and enforcement of his plea agreement as a remedy. Because Vollrath appeals from the Reimbursement Order under N.D.R.Crim.P. 35(a) and did not timely appeal the DIS Order or the Order Permitting State to Withdraw from Petition to Plead Guilty, this Court will only reverse the Reimbursement Order. "The 'narrow
*750
function' of the Rule 'is to permit correction at any time of an illegal
sentence
, not to re-examine errors occurring at the trial or other proceedings prior to the imposition of sentence.' "
Meier
,
III
[¶ 10] We vacate the Reimbursement Order.
[¶ 11] Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
Gerald W. VandeWalle, C.J.
Reference
- Full Case Name
- STATE of North Dakota, Plaintiff and Appellee v. Dalyn James VOLLRATH A.K.A. Dylan James Vollrath, Defendant and Appellant
- Cited By
- 7 cases
- Status
- Published