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State v. Walstad

IN THE SUPREME COURT STATE OF NORTH DAKOTA


February 3, 2009

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
WYNN WALSTAD, DEFENDANT AND APPELLANT

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge.

Per curiam.

AFFIRMED.

[¶1] Wynn Walstad appeals a district court order denying him credit for time spent in custody. Walstad pled guilty to possession of a controlled substance, the unlawful possession of drug paraphernalia, and the manufacturing of a controlled substance. The district court sentenced him to concurrent sentences of five years with two years suspended for four years, five years with two years suspended for four years, and nine years with six years suspended for four years, respectively. After Walstad was released on probation, the district court revoked his probation for violation of its conditions, sentencing him to the remainder of the previous sentences to be served consecutively for a total of ten years in prison. Walstad has not met his burden of showing he is entitled to additional credit for time served in custody. See State v. Rodriquez, 2008 ND 157, ¶ 8, 755 N.W.2d 102. Concluding the district court did not clearly err in denying Walstad's motion for credit for time spent in custody, we summarily affirm the district court order denying Walstad's motion under N.D.R.App.P. 35.1(a)(1) and (2).

[¶2] Gerald W. VandeWalle, C.J.

Dale V. Sandstrom

Carol Ronning Kapsner

Mary Muehlen Maring

Daniel J. Crothers

20090203

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