[Go to Documents] | Filed June 16, 1993 |
State of North Dakota, Plaintiff and Appellee
v.
Roddy Rath, Defendant and Appellant
Criminal No. 930053
Appeal from the District Court for Burleigh County, South Central Judicial District, the Honorable Dennis A. Schneider, Judge.
AFFIRMED.
Per Curiam.
Wayne D. Goter, P.O. Box 1552, Bismarck, N.D. 58502-1552, for defendant and appellant; submitted on brief.
Patricia L. Burke, State's Attorney, 514 East Thayer, Bismarck, N.D. 58501, for plaintiff and appellee; submitted on brief.
State v. Rath
Per Curiam.
Roddy Rath appealed from a district court order revoking probation and from the amended judgment of conviction for the felony offense of theft of property.
The finding of probation violations was not clearly erroneous; and the revocation of probation, and the amendment of judgment were not an abuse of discretion. See Rule 32(f)(2)(iii), N.D.R.Crim.P.; State v. Orseth, 359 N.W.2d 852 (N.D. 1984).
The order and amended judgment are affirmed under Rule 35.1(a)(2) and (4), N.D.R.App.P.
Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Herbert L. Meschke
Beryl J. Levine
William A. Neumann