February 8, 2011
STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
DANIAL RAY CURTIS, DEFENDANT AND APPELLANT
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wickham Corwin, Judge.
N.D. Supreme Court
State v. Curtis,
2011 ND 19
This opinion is subject to petition for rehearing. [Go to Documents]
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State v. CurtisNo. 20100154
[¶1] Danial Curtis appeals from the trial court's judgment revoking his probation and re-sentencing him to three years in prison. On appeal, Curtis argues the trial court erred in revoking his probation because the court relied on the testimony of only one witness and failed to make findings that incarceration was necessary. We affirm under N.D.R.App.P. 35.1(a)(2), (4), and (7). See, e.g., State v. Jensen, 2010 ND 3, ¶ 6, 777 N.W.2d 847 (stating the State's only witness at the revocation hearing was the defendant's probation officer); State v. Ennis, 464 N.W.2d 378, 382 (N.D. 1990) ("On appeal of a claim that a sentence is excessive or incorrect, this court has no power to review the discretion of a sentencing court in fixing a term of imprisonment within the range authorized by statute.").
[¶2] Gerald W. VandeWalle, C.J. Mary Muehlen Maring Daniel J. Crothers Dale V. Sandstrom Carol Ronning Kapsner
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