October 25, 2012
STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
DAVID C. JIRINZU, DEFENDANT AND APPELLANT
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.
N.D. Supreme CourtState v. Jirinzu, 2012 ND 230
This opinion is subject to petition for rehearing. [Go to Documents
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State v. JirinzuNo. 20120247
[¶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.
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