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State v. Smestad

IN THE SUPREME COURT STATE OF NORTH DAKOTA


April 6, 2010

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
PAUL EVEN SMESTAD, DEFENDANT AND APPELLANT

Appeals from the District Court of Burleigh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

Per curiam.

AFFIRMED.

[¶1] Paul Smestad appealed from three criminal judgments entered upon his guilty pleas to five felony counts of theft of property and three misdemeanor counts of theft of property. Smestad also appealed from an order revoking his probation from a prior conviction of theft and forgery. Smestad contends the district court erred when it sentenced him as a habitual offender without requiring a presentence investigation and erred in revoking his probation. We affirm under N.D.R.App.P. 35.1(a)(4).

[¶2] Gerald W. VandeWalle, C.J., Mary Muehlen Maring, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner.

20100406

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