State v. Benefiel

20120274 State of North Dakota, Plaintiff and Appellee
v.
Jason Bradley Benefiel, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Sonna M. Anderson
Nature of Action: Assault
Counsel:
Appellant: Jessica Johanna Ahrendt
Appellee: Christine Hummert McAllister , Asst. State's Attorney
Term: 12/2012   Argument: 12/03/2012  Waived
ND cite: 2012 ND 252
NW cite: 823 N.W.2d 786


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 his conditions of probation?
II. Did the trial court abuse its discretion when finding that the probation violations warranted revocation?

Appellee's Statement of the Issues:
1. Whether sufficient evidence was presented for the district court to find Benefiel violated his probation by a preponderance of the evidence.
2. Whether the district court abused its discretion in revoking Benefiel's probation and resentencing him.

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Docket entries:
106/15/2012 NOTICE OF APPEAL: 06/05/2012
206/15/2012 This case is consolidated w/20120275. Make all docket entries except ROA, DIS & MAN codes,
306/15/2012 in this case
406/15/2012 Notice of Assignment of Steven Balaban as counsel for Appellant
506/19/2012 Notice of Assignment of Jessica J. Ahrendt as counsel for Appellant
606/27/2012 ORDER FOR TRANSCRIPT: 06/27/2012
706/27/2012 MOT. EXT/TIME TRANSCRIPT (sua sponte)
806/27/2012 ACTION BY CLERK (sua sponte; due 50 days after NOA was filed). Granted: 07/25/2012
906/27/2012 MOT. EXT/TIME APPELLANT BRIEF (sua sponte - ATB reset because OTR was not timely filed)
1006/27/2012 ACTION BY CLERK (sua sponte). Granted: 07/15/2012
1106/29/2012 MOT. EXT/TIME APPELLANT BRIEF
1206/29/2012 ACTION BY CHIEF JUSTICE. Granted: 09/26/2012
1307/06/2012 ELEC. RECORD ON APPEAL DATED 07/05/2012 (ENTRY NOS.1-52)
1408/14/2012 TRANSCRIPT DATED MAY 24, 2012, & C.O.S.
1508/14/2012 DISK-tra (5/24/12) e-mailed
1609/24/2012 APPELLANT BRIEF
1709/24/2012 E-FILED BRIEF
1809/24/2012 APPELLANT APPENDIX
1909/24/2012 E-FILED APPENDIX
2010/01/2012 Received Affidavit of Service of ATB and ATA on Jason Benefiel
2110/03/2012 Received 7 copies of ATB from CSD
2210/03/2012 Received 6 copies of ATA from CSD
2310/08/2012 e-filing surcharge paid on 10/4/12 through inter-departmental billing (journal #1285376)
2410/24/2012 APPELLEE BRIEF
2510/24/2012 DISK-AEB (e-mailed)
2611/20/2012 NOTICE OF ORAL ARGUMENT SENT
2711/28/2012 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
2812/03/2012 APPEARANCES: Waived under N.D.R.App.P. 34(a)(2)
2912/03/2012 ARGUED: Waived
3012/18/2012 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3112/18/2012 UNANIMOUS OPINION: Per Curiam
3212/19/2012 Judgment Sent to Parties
3301/15/2013 MANDATE
3401/16/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/02/2014