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State v. Henrickson

IN THE SUPREME COURT STATE OF NORTH DAKOTA


March 16, 2010

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
CODY JOHN HENRICKSON, DEFENDANT AND APPELLANT

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Sonja Clapp, Judge.

Per curiam.

AFFIRMED.

[¶1] Cody John Henrickson appeals from a criminal judgment entered after a jury found him guilty of escape. On appeal, Henrickson argues there was not sufficient evidence to convict him of escape. He also argues the trial court failed to consider all sentencing factors and imposed an excessive sentence. The record contains sufficient evidence to support the conviction. The trial court is afforded wide discretion in sentencing, and "[t]his Court will vacate a district court's sentencing decision only if the court acted outside the limits prescribed by statute or substantially relied on an impermissible factor in determining the severity of the sentence." State v. Henes, 2009 ND 42, ¶ 6, 763 N.W.2d 502. We affirm under N.D.R.App.P. 35.1(a)(3) and (7).

[¶2] Gerald W. VandeWalle, C.J.

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom

Carol Ronning Kapsner

20100316

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