[Go to Docket] | Filed Feb. 1, 1988 |
State of North Dakota, Plaintiff and Appellee
v.
Linda Weldon, Defendant and Appellant
Crim. No. 870286
Appeal from the County Court of Burleigh County, South Central Judicial District, the Honorable James M. Bekken, Judge.
AFFIRMED.
Opinion of the Court by Erickstad, Chief Justice.
Linda Weldon, 117-C West Bowen Avenue, Bismarck, ND 58501, pro se; submitted on brief.
Patricia L. Burke, States Attorney, Courthouse, 514 East Thayer, Bismarck, ND 58501; for plaintiff and appellee.
State v. Weldon
Erickstad, Chief Justice.
Defendant Linda Weldon appeals from a Burleigh County Court judgment of conviction dated September 24, 1987. Weldon was charged with violation of section 15-34.1-01, N.D.C.C., (compulsory school attendance law). The county judge found Weldon guilty of the offense, which is an infraction pursuant to section 15-34.1-05, N.D.C.C. Weldon was sentenced to pay a fine of $240, all of which was to be suspended if Weldon completed sixty hours of community service with a non-profit, court-approved organization by January 30, 1988.
Weldon asserts section 15-34.1-03(1), N.D.C.C., is an unconstitutional "grant of a title of nobility." It is not such a grant. Weldon further asserts section 15-36-01, N.D.C.C., unconstitutionally delegates legislative authority to the superintendent of public instruction. It does not unconstitutionally delegate legislative authority. Trinity Med. Center v. N. D. Bd. of Nursing, 399 N.W.2d 835 (N.D.1987). The judgment of conviction is affirmed pursuant to Rule 35.1(a)(1) and (7), N.D.R.App.P., State v. Patzer, 382 N.W.2d 631 (N.D.1986).
Ralph J. Erickstad, C.J.
H.F. Gierke III
Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke