North Dakota v. Isom

by
John Isom appeals from a criminal judgment entered after a jury found him guilty of aggravated assault--domestic violence. Isom argues the district court imposed an illegal sentence, abused its discretion in substituting a juror after empanelment, and erred in denying his motion for judgment of acquittal. Specifically, Isom argued the district court imposed an illegal sentence of five years supervised probation when N.D.C.C. 12.1-32-06.1(2) provided a maximum of three years for aggravated assault--domestic violence. Furthermore, Isom argued the district court abused its discretion and committed reversible error under N.D.R.Crim.P. 24 substituting a juror after jeopardy attached. The North Dakota Supreme Court agreed with Isom that the sentence he received was not in accordance with N.D.C.C. 12.1-32-06.1(2). The Court disagreed with Isom’s contention with respect to the juror substitution. The Court therefore affirmed in part and reversed in part and remanded for resentencing. View "North Dakota v. Isom" on Justia Law