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State v. Dubois

Docket No. 20190062
Oral Argument: Wednesday, October 9, 2019 9:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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

  • Appellant

    1. Whether the district court abused its discretion when it decided revocation was warranted.
    2. Whether the district court ordered an illegal sentence.

  • Appellee 1

    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.


Summary

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.


Briefs

Filing Date Description
06/17/2019 APPELLANT BRIEF View
07/24/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Kimberlee Jo Hegvik - 06194

(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)
17 06/17/2019 APPELLANT BRIEF View
18 06/17/2019 APPELLANT APPENDIX
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
23 07/24/2019 APPELLEE BRIEF View
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
29 10/09/2019 ARGUED: Kraus-Parr/Christensen
30 10/09/2019 ORAL ARGUMENT WEBCAST