State v. Jacobsen
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Pete Jacobsen, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 06-K-0001
Northeast Judicial District, Benson County
Lee A. Christofferson
Highlight
An order revoking probation is reviewed under a two-step analysis, determining (1) whether the factual finding of a probation violation was clearly erroneous and (2) whether the district court abused its discretion when it decided revocation of probation was warranted.
Although the State generally has the burden of proving by a preponderance of the evidence that the defendant violated the terms of probation, when revocation proceedings are triggered by a failure to pay restitution, the defendant has the burden to raise and prove an inability to pay restitution as ordered by the court.
A sentencing court generally may revoke probation and impose incarceration for failure to pay restitution only after considering the reason for nonpayment and whether there are adequate alternative forms of punishment, but this limitation does not apply when restitution is ordered as part of a plea agreement.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 04/18/2007 | NOTICE OF APPEAL : 04/16/2007 | |
| 2 | 04/18/2007 | ORDER FOR TRANSCRIPT : 04/13/2007 | |
| 3 | 04/13/2007 | MOTION FOR Release (emailed) (Notice of appeal faxed to clerk's office by attorney) | |
| 4 | 04/13/2007 | E-FILED MOTION | |
| 5 | 04/16/2007 | Efiling surcharge received as motion was over the page limit (receipt no. 17353) | |
| 6 | 04/18/2007 | ACTION BY SUPREME COURT (Motion for Release) - Denied | |
| 7 | 04/23/2007 | Acknowledgment of OTR and request for Retention Of Record : 06/05/2007 | |
| 8 | 04/30/2007 | Motion for Remand to the District Court (for a determination of indigency) | |
| 9 | 04/30/2007 | NO ACTION TAKEN (remand not necessary) | |
| 10 | 06/04/2007 | TRANSCRIPT DATED APRIL 12, 2007 | |
| 11 | 06/05/2007 | DISK-TRA(4/12/07) | |
| 12 | 06/05/2007 | CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPT (4/12/07 TRA) | |
| 13 | 06/14/2007 | RECORD ON APPEAL & Exhibits | |
| 14 | 06/20/2007 | TRANSCRIPTS DATED 6/7/06, 1/25/07, & 4/3/07 | |
| 15 | 06/21/2007 | DISK-TRAS DATED 6/7/06, 1/25/07, & 4/3/07 | |
| 16 | 06/21/2007 | CLERK'S CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS | |
| 17 | 06/21/2007 | Certificate of service of copy of 4/12/07 transcript to Coral Mahler | |
| 18 | 07/23/2007 | MOT. EXT/TIME APPELLANT BRIEF | |
| 19 | 07/23/2007 | ACTION BY CLERK - Granted : 08/29/2007 | |
| 20 | 08/06/2007 | Correspondence dated 8/1/07 from J. Parrington advising that he has no objection to MAT. | |
| 21 | 08/15/2007 | Withdrawal and Substitution of Counsel signed by Mr. Jacobsen | |
| 22 | 08/16/2007 | MOT. EXT/TIME APPELLANT BRIEF | |
| 23 | 08/16/2007 | ACTION BY CHIEF JUSTICE - Granted : 09/28/2007 | |
| 24 | 08/20/2007 | Attorney's Certificate of Service by Mail re: Motion for Extension of Time | |
| 25 | 08/20/2007 | Attorney's Certificate of Service by Mail re: Withdrawal and Substitution of Counsel | |
| 26 | 08/22/2007 | Supplemental Clerk's Certificate dated 8-21-07 (Entries 55 - 71)) | |
| 27 | 09/21/2007 | APPELLANT BRIEF (PDF) (E-filed) | View |
| 28 | 09/21/2007 | E-FILED BRIEF (ATB) (PDF) | |
| 29 | 09/21/2007 | APPELLANT APPENDIX (E-filed) | |
| 30 | 09/21/2007 | E-FILED APPENDIX (ATA) | |
| 31 | 09/24/2007 | Received $25 surcharge for ATB (Receipt #17697) | |
| 32 | 09/25/2007 | Received copies of Appellant Appendix from Central Duplicating | |
| 33 | 09/25/2007 | Received copies of ATB from Central Duplicating | |
| 34 | 10/23/2007 | APPELLEE BRIEF | View |
| 35 | 10/30/2007 | Corrected TOA for AEB | |
| 36 | 10/30/2007 | Certificate of Service of corrected TOA on opposing counsel | |
| 37 | 10/30/2007 | DISK - aeb (e-mailed) | |
| 38 | 12/17/2007 | APPEARANCES: Jessica J. Ahrendt; James P. Wang | |
| 39 | 12/17/2007 | ARGUED: Ahrendt; Wang | |
| 40 | 12/17/2007 | ORAL ARGUMENT WEBCAST | |
| 41 | 03/20/2008 | DISPOSITION | |
| 42 | 03/20/2008 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 43 | 03/24/2008 | Judgment e-mailed to Parties | |
| 44 | 04/14/2008 | MANDATE | |
| 45 | 04/17/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 46 | 11/01/2017 | EXPUNGED - Nonpermanent record items destroyed |