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State of North Dakota, Plaintiff and Appellee
v.
Spencer Brandt, Defendant and Appellant
No. 20070172
Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge. State v. Brandt
AFFIRMED.
Per Curiam.
Kelly A. Dillon, Assistant State's Attorney, P.O. Box 5005, Minot, ND 58702-5005, for plaintiff and appellee.
Jessica J. Ahrendt, P.O. Box 475, Valley City, ND 58072, for defendant and appellant.
Per Curiam.
[¶1] Spencer Brandt appealed from a criminal judgment and amended criminal judgment entered after a jury found him guilty of aggravated assault, knowing or reckless interference with a telephone during an emergency call and felonious restraint. Brandt argued the trial court erroneously sentenced him under N.D.C.C. § 12.1-32-02.1 after finding the knife involved in the case was a dangerous weapon. He also argued the jury instructions were erroneous. We summarily affirm the criminal judgment and amended criminal judgment under N.D.R.App.P. 35.1(a)(3), (4) and (7). See Victor v. Nebraska, 511 U.S. 1 (1994) and State v. Schneider, 550 N.W.2d 405 (N.D. 1996).
| [¶2] | Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Dale V. Sandstrom Daniel J. Crothers Mary Muehlen Maring |