[Go to Docket] | Filed June 1, 1995 |
State of North Dakota, Plaintiff and Appellee
v.
Kenneth Murchison, Defendant and Appellant
Criminal Nos. 940290 & 940291
Appeals from the District Court for Burleigh County, South Central Judicial District, the Honorable Dennis A. Schneider, Judge.
AFFIRMED.
Per Curiam.
Patricia L. Burke (argued), State's Attorney, Courthouse, 514 East Thayer, Bismarck, ND 58501, for plaintiff and appellee.
LaRoy Baird, P.C., 109 North 4th Street, Suite 300, P.O. Box 913, Bismarck, ND 58502-0913, for defendant and appellant; argued by Ross H. Espeseth.
State v. Murchison
Per Curiam.
Kenneth Murchison appealed from his jury convictions of aggravated assault, assault, and two counts of terrorizing. There was sufficient evidence to convict Murchison, and the trial court did not abuse its discretion in declining to order a presentence investigation and report. We affirm under NDRAppP 35.1(a)(3), (4) and (7). See also State v. Raywalt, 444 N.W.2d 688, 692 (N.D. 1989) (no abuse of discretion to refuse presentence report); NDRCrimP 32(c)(1) and explanatory note (presentence investigation and report discretionary).
Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Beryl J. Levine
William A. Neumann
Dale V. Sandstrom