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State of North Dakota v. David C. Jirinzu

IN THE SUPREME COURT STATE OF NORTH DAKOTA


October 25, 2012

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
DAVID C. JIRINZU, DEFENDANT AND APPELLANT

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.

Per curiam.

N.D. Supreme CourtState v. Jirinzu, 2012 ND 230

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

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AFFIRMED.

State v. JirinzuNo. 20120247

Per Curiam.

[¶1] David C. Jirinzu appeals a district court judgment revoking his probation and sentencing him to eighteen months of imprisonment. Jirinzu argues the district court erred by considering only one aggravating factor under N.D.C.C. § 12.1-32-04. We affirm under N.D.R.App.P. 35.1(a)(4) and 35.1(a)(7). State v. Steinbach, 1998 ND 18, ¶ 24, 575 N.W.2d 193 (statutory factors, although entitled to consideration, are neither exclusive nor controlling of a district court's sentencing discretion).

[¶2] Gerald W. VandeWalle, C.J. Daniel J. Crothers Mary Muehlen Maring Carol Ronning Kapsner Benny A. Graff, S.J.

[¶3] The Honorable Benny A. Graff, S.J., sitting in place of Sandstrom, J., disqualified.

20121025

© 1992-2012 VersusLaw Inc.



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