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State of North Dakota v. Danial Ray Curtis

IN THE SUPREME COURT STATE OF NORTH DAKOTA


February 8, 2011

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
DANIAL RAY CURTIS, DEFENDANT AND APPELLANT

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wickham Corwin, Judge.

Per curiam.

N.D. Supreme Court

State v. Curtis,

2011 ND 19

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as Word Perfect]

AFFIRMED.

State v. CurtisNo. 20100154

Per Curiam.

[¶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

20110208

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