[Go to Documents] | Filed Mar. 26, 1998 | [Download as WordPerfect] |
Criminal No. 970356
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable William F. Hodny, Judge.
AFFIRMED.
Per Curiam.
Leann K. Bertsch, Assistant State's Attorney, Courthouse, 514 East Thayer Avenue, Bismarck, ND 58501, for plaintiff and appellee.
Chad R. McCabe, 523 North Fourth Street, Bismarck, ND 58501, for defendant and appellant.
State v. Jorde
Per Curiam.
[¶1] Scott A. Jorde appealed from the criminal Judgment of the Burleigh County District Court sentencing him, on a plea of guilty, to one year for each of two counts for Corruption or Solicitation of a Minor. Jorde argues the two separate sexual acts with two separate victims were part of the same conduct and involved the same criminal objective. Thus, Jorde claims, the consecutive sentence was in violation of section 12.1-32-11(3), N.D.C.C. Jorde also argues the district court abused its discretion in issuing the two-year sentence and claims the sentence was cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. We summarily affirm the criminal Judgment and sentence. N.D. R. App. P. 35.1(a)(4), (7); State v. McClean, 1998 ND 21.
| [¶2] | Gerald W. VandeWalle, C.J. Herbert L. Meschke Dale V. Sandstrom William A. Neumann Mary Muehlen Maring |