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Filed June 26, 2008

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IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2008 ND 123

State of North Dakota, Plaintiff and Appellee
v.
Ronald Rudolph Ernst, Defendant and Appellant

No. 20070359

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.
AFFIRMED.
Per Curiam.
Leah J. Viste (argued), Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee.
Monty G. Mertz (argued), Mertz Law Office, WDAY Tower, 808 3rd Avenue South, Suite 205, Fargo, ND 58103-1865, for defendant and appellant.

State v. Ernst

No. 20070359

Per Curiam.

[¶1] Ronald Ernst appeals a district court order revoking his probation and resentencing him to eight years to the custody of the Department of Corrections.

[¶2] On appeal, Ernst argues the district court clearly erred in determining Ernst violated his probation. Ernst further argues the district court abused its discretion in determining the alleged violation warranted the revocation of his probation.

[¶3] We summarily affirm the district court order revoking Ernst's probation under N.D.R.App.P. 35.1(a)(2) and (4).

[¶4]	Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Mary Muehlen Maring Daniel J. Crothers Dale V. Sandstrom