State v. Tully , 2022 ND 218 ( 2022 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
DECEMBER 8, 2022
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2022 ND 218State of North Dakota, Plaintiff and Appellee
v.
David Eugene Tully, Defendant and Appellant
No. 20220214
Appeal from the District Court of Nelson County, Northeast Central Judicial
District, the Honorable M. Jason McCarthy, Judge.
AFFIRMED.
Per Curiam.
Jayme J. Tenneson, State’s Attorney, Lakota, N.D., for plaintiff and appellee.
Benjamin C. Pulkrabek, Mandan, N.D., for defendant and appellant.
State v. Tully
No. 20220214
Per Curiam.
[¶1] David Tully appeals from a criminal judgment entered after he pled
guilty to terrorizing in violation of N.D.C.C. § 12.1-17-04. On appeal, Tully
argues that his case should be remanded to the district court to withdraw his
guilty plea because the court failed to substantially comply with N.D.R.Crim.P.
11(b)(1)(A)-(E) and (3). He did not raise these issues at the district court. We
do not address issues raised for the first time on appeal unless they rise to the
level of obvious error affecting substantial rights under N.D.R.Crim.P. 52(b).
State v. Hoehn, 2019 ND 222, ¶ 20, 932 N.W.2d 553; State v. Cox, 2017 ND 23,
¶¶ 8, 10, 889 N.W.2d 848. This Court finds no obvious error, and we therefore
summarily affirm under N.D.R.App.P. 35.1(a)(3) & (7).
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1