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State of North Dakota v. Mark Christian Palmer

July 12, 2012

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
MARK CHRISTIAN PALMER,
DEFENDANT AND APPELLANT



Appeal from the District Court of McHenry County, Northeast Judicial District, the Honorable John C. McClintock, Judge.

Per curiam.

N.D. Supreme CourtState v. Palmer,

2012 ND 126

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

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AFFIRMED.

Per Curiam.

[¶1] Mark Christian Palmer appealed from a district court order denying his motion to dismiss a probation revocation petition and revoking his probation. On appeal, Palmer argues the district court abused its discretion in denying his motion and revoking his probation because he was still incarcerated when the petition for revocation was filed and therefore his probation had not yet commenced. We affirm under N.D.R.App.P. 35.1(a)(4) and (7). See State v. Bender, 1998 ND 72, ¶ 15, 576 N.W.2d 210 (holding N.D.C.C. § 12.1-32-07(6) allows revocation at any time prior to the expiration of probation and does not prohibit revocation if the defendant violates a condition of probation while still incarcerated).

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

20120712

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