State v. Dubois
- State of North Dakota, Plaintiff and Appellee
James Dubois, Jr., Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
Case No. 2017-CR-02566
East Central Judicial District, Cass County
Steven L. Marquart
Parties' Statement of Issues
1. Whether the district court abused its discretion when it decided revocation was warranted.
2. Whether the district court ordered an illegal sentence.
1. Whether the district court acted within its discretion when it decided revocation was warranted.
2. Whether the sentence imposed by the district court was proper.
3. Whether the district court acted within its discretion in resentencing the Defendant to a sentence more severe than originally imposed.
James Dubois, Jr., appeals from an order revoking his probation and resentencing him to five years’ incarceration.
Dubois pled guilty to two counts of criminal trespass and one count of refusal to halt in 2017. He was sentenced to probation. In January 2019, a petition was filed to revoke Dubois’s probation. Dubois admitted the allegations in the petition, and the district court revoked his probation. The district court resentenced Dubois to five years’ incarceration. Dubois appeals.
On appeal, Dubois argues the district court abused its discretion by not giving due weight to the statutory sentencing factors. He further argues that the new sentence was illegal. The State argues the new sentence was authorized by law and within the district court’s discretion.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||02/22/2019||NOTICE OF APPEAL : 02/22/2019|
|2||02/22/2019||ORDER FOR TRANSCRIPT : 02/26/2019|
|3||02/26/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||02/26/2019||Notice served on Marquist R. Bradshaw and Kimberlee J. Hegvik|
|5||02/27/2019||ELECTRONIC TRANSCRIPT DATED JANUARY 28, 2019|
|6||02/27/2019||C.O.S. FOR TRANSCRIPT|
|7||03/04/2019||Rec'd proof of service of 1-28-19 tra on Laura Ringsak|
|8||03/04/2019||Laura Ringsak appointed to represent Appellant|
|9||03/08/2019||ELECTRONIC TRANSCRIPT DATED JANUARY 18, 2019|
|10||03/08/2019||C.O.S. FOR TRANSCRIPT|
|11||03/25/2019||ELEC. RECORD ON APPEAL DATED MARCH 22, 2019 (ENTRY NOS.1 - 22 & 24 - 43)(NOT RECEIVED #23)|
|12||04/05/2019||MOT. EXT/TIME APPELLANT BRIEF|
|13||04/08/2019||1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 5, 2019 (ENTRY NOS. 44-49)|
|14||04/09/2019||ACTION BY CHIEF JUSTICE - Granted : 06/17/2019|
|15||04/10/2019||Kiara C. Kraus-Parr appointed to represent Appellant|
|16||04/10/2019||2ND ELEC. SUPP. RECORD ON APPEAL DATED APRIL 10, 2019 (ENTRY NOS. 50-53)|
|19||06/20/2019||Rec'd 6 copies of ATB & ATA from Central Duplicating|
|20||06/28/2019||Rec'd $25 surcharge for ATB (receipt #27135)|
|21||07/16/2019||MOT. EXT/TIME APPELLEE BRIEF|
|22||07/17/2019||ACTION BY CLERK - Granted : 07/24/2019|
|24||08/01/2019||Rec'd $25 surcharge for AEB (Receipt No 27316)|
|25||08/01/2019||Consent of ASA Kimberlee Hegvik for Emily Jo Christensen (3rd year law student) was received.|
|26||08/21/2019||Rec'd 6 copies of AEB from CSD|
|27||09/11/2019||NOTICE OF ORAL ARGUMENT SENT|
|28||10/09/2019||APPEARANCES: Kiara Kraus-Parr/Kimberlee Hegvik and Emily Jo Christensen, law student|
|30||10/09/2019||ORAL ARGUMENT WEBCAST|