State v. Jacobsen

20070105 State of North Dakota, Plaintiff and Appellee
v.
Pete Jacobsen, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Benson County
Judge Lee A. Christofferson
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Jessica Johanna Ahrendt
Appellee: James Peter Wang , State's Attorney
Term: 12/2007   Argument: 12/17/2007  1:30pm
ND cite: 2008 ND 52
NW cite: 746 N.W.2d 405

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Was the trial court's factual finding that there was a probation violation clearly erroneous when the probationer substantially complied with all conditions of probation and the restitution was paid in full approximately six months before required under the conditions of probation, the defendant was seeking employment or self employed with a measurable income, and there was no enumerated probation condition requiring equity from a home sale to be used to repay the restitution?
II. Did the trial court abuse its discretion when finding there were probation violations without conducting the requisite inquiry into the reason for failure to pay and consideration of adequate alternative methods for punishment?

Appellee's Statement of the Issues:
I. Was the district court's factual finding of probation violation clearly erroneous?
II. Was the district court's decision to revoke or modify probation an abuse of discretion?

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Docket entries:
104/18/2007 NOTICE OF APPEAL: 04/16/2007
204/18/2007 ORDER FOR TRANSCRIPT: 04/13/2007
304/13/2007 MOTION FOR Release (emailed) (Notice of appeal faxed to clerk's office by attorney)
404/13/2007 E-FILED MOTION
504/16/2007 Efiling surcharge received as motion was over the page limit (receipt no. 17353)
604/18/2007 ACTION BY SUPREME COURT (Motion for Release). Denied
704/23/2007 Acknowledgment of OTR and request for Retention Of Record: 06/05/2007
804/30/2007 Motion for Remand to the District Court (for a determination of indigency)
904/30/2007 NO ACTION TAKEN (remand not necessary)
1006/04/2007 TRANSCRIPT DATED APRIL 12, 2007
1106/05/2007 DISK-TRA(4/12/07)
1206/05/2007 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPT (4/12/07 TRA)
1306/14/2007 RECORD ON APPEAL & Exhibits
1406/20/2007 TRANSCRIPTS DATED 6/7/06, 1/25/07, & 4/3/07
1506/21/2007 DISK-TRAS DATED 6/7/06, 1/25/07, & 4/3/07
1606/21/2007 CLERK'S CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
1706/21/2007 Certificate of service of copy of 4/12/07 transcript to Coral Mahler
1807/23/2007 MOT. EXT/TIME APPELLANT BRIEF
1907/23/2007 ACTION BY CLERK. Granted: 08/29/2007
2008/06/2007 Correspondence dated 8/1/07 from J. Parrington advising that he has no objection to MAT.
2108/15/2007 Withdrawal and Substitution of Counsel signed by Mr. Jacobsen
2208/16/2007 MOT. EXT/TIME APPELLANT BRIEF
2308/16/2007 ACTION BY CHIEF JUSTICE. Granted: 09/28/2007
2408/20/2007 Attorney's Certificate of Service by Mail re: Motion for Extension of Time
2508/20/2007 Attorney's Certificate of Service by Mail re: Withdrawal and Substitution of Counsel
2608/22/2007 Supplemental Clerk's Certificate dated 8-21-07 (Entries 55 - 71))
2709/21/2007 APPELLANT BRIEF (PDF) (E-filed)
2809/21/2007 E-FILED BRIEF (ATB) (PDF)
2909/21/2007 APPELLANT APPENDIX (E-filed)
3009/21/2007 E-FILED APPENDIX (ATA)
3109/24/2007 Received $25 surcharge for ATB (Receipt #17697)
3209/25/2007 Received copies of Appellant Appendix from Central Duplicating
3309/25/2007 Received copies of ATB from Central Duplicating
3410/23/2007 APPELLEE BRIEF
3510/30/2007 Corrected TOA for AEB
3610/30/2007 Certificate of Service of corrected TOA on opposing counsel
3710/30/2007 DISK - aeb (e-mailed)
3812/17/2007 APPEARANCES: Jessica J. Ahrendt; James P. Wang
3912/17/2007 ARGUED: Ahrendt; Wang
4012/17/2007 ORAL ARGUMENT WEBCAST
4103/20/2008 DISPOSITION: AFFIRMED
4203/20/2008 UNANIMOUS OPINION: Crothers, Daniel John
4303/24/2008 Judgment e-mailed to Parties
4404/14/2008 MANDATE
4504/18/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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