[Go to Documents] | Filed Oct. 13, 1998 | [Download as WordPerfect] |
Criminal No. 980168
Appeal from the District Court for Emmons County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.
AFFIRMED.
Per Curiam.
Jonathan R. Byers, Assistant Attorney General, Attorney General's Office, P.O. Box 1054, Bismarck, N.D. 58502-1054, for plaintiff and appellee.
David N. Ogren of Herr & Ogren, P.O. Box 67, Wishek, N.D. 58495-0067, for defendant and appellant.
State v. Klein
Per Curiam.
[¶1] Joseph Klein appeals from the district court's order revoking probation and increasing the length of Klein's incarceration, as allowed by N.D.C.C. § 12.1-32-07(6). Klein's appeal is without merit, and a previous controlling appellate decision, State v. Lindgren, 483 N.W.2d 777, 778 (N.D. 1992), is dispositive of the appeal. Therefore, we affirm under N.D.R.App.P. 35.1(a)(7).
| [¶2] | Gerald W. VandeWalle, C.J. Dale V. Sandstrom William A. Neumann Mary Muehlen Maring |
[¶3] Because of a vacancy on the Court at the time of hearing and decision, this case was decided by four Justices.