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State v. Johnson

Supreme Court of North Dakota

February 12, 2015

State of North Dakota, Plaintiff and Appellee
v.
Marlin Lee Johnson, Defendant and Appellant

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.

Lee M. Grossman, Valley City, ND, for plaintiff and appellant; submitted on brief.

Andrew C. Eyre, Assistant State's Attorney, Grand Forks County State's Attorney's Office, Grand Forks, ND; submitted on brief.

Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner.

OPINION

Per Curiam.

[¶1] Marlin Lee Johnson appeals from a district court order revoking probation and resentencing him to 30 months of incarceration with credit for 155 days served. On appeal, Johnson argues the district court abused its discretion when it revoked his probation and resentenced him to a term of incarceration greater than the term included in the plea agreement he entered into with the State. We summarily affirm the district court's order revoking probation and resentencing Johnson, under N.D.R.App.P. 35.1(a)(4) and (7). See Peltier v. State, 2003 ND 27, 657 N.W.2d 238, ¶ 20 (concluding a district court is not bound by the terms of a plea agreement, when sentencing a defendant after revocation of probation).

[¶2] Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner .


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