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Intercept Corp. v. Calima Financial, LLC
Citations: 2007 ND 180; 741 N.W.2d 209; 2007 N.D. LEXIS 175; 2007 WL 3358063Docket: 20060307
Court: North Dakota Supreme Court; November 14, 2007; North Dakota; State Supreme Court
Nicole Eileen Jacobs appeals her criminal conviction for possession of methamphetamine with intent to deliver, classified originally as a class AA felony due to proximity to a school, and possession of drug paraphernalia, a class C felony. Following the jury's verdict, the North Dakota Supreme Court clarified in a separate case (State v. Dennis) that the enhancement for offenses occurring near a school applies only to the manufacture and distribution of controlled substances, not to possession with intent to deliver. Consequently, Jacobs' offense was reclassified as a class A felony upon resentencing by the district court. As the issues raised in Jacobs’ appeal became moot due to this reclassification, the Supreme Court affirmed the district court's amended criminal judgment.