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State v. Dubois

Docket No. 20190148
Oral Argument: Tuesday, November 12, 2019 2:45 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
John Allen Dubois, Jr., Defendant and Appellant
Case Type
CRIMINAL APPEAL : THEFT
Appeal From
Case No. 2014-CR-00238
Northeast Judicial District, Ramsey County
Donovan John Foughty

Parties' Statement of Issues

  • Appellant

    Whether the district court abused its discretion when it decided revocation was warranted.

  • Appellee 1

    The district court properly revoked the probation of John Dubois


Summary

Dubois appeals the district court’s order revoking his probation and the resulting criminal judgment.

Dubois plead guilty to Burglary, a class C felony, in violation of N.D.C.C. § 12.1-22-02. The district court sentenced Dubois to five-years, suspended two-years, and placed Dubois on probation for three-years. The State petitioned to revoke Dubois probation, alleging he violated two conditions of his probation. Finding that Dubois in violation of his suspended sentence and Dubois having given no legal reason for why not, the court revoked Dubois’ probation, re-sentenced him to five-years, and terminated his supervised probation.

On appeal, Dubois argues that the district court abused its discretion in determining revocation was warranted.


Briefs

Filing Date Description
08/12/2019 APPELLANT BRIEF View
09/10/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Kari Michelle Agotness - 06375
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/08/2019 NOTICE OF APPEAL : 05/08/2019
2 05/08/2019 ORDER FOR TRANSCRIPT : 05/10/2019
3 05/10/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 05/10/2019 Notice served on Coral J. Mahler and Kari M. Agotness
5 05/21/2019 Rec'd Notice of Assignment by Kiara Kraus-Parr counsel for Appellant
6 06/03/2019 ELEC. RECORD ON APPEAL DATED MAY 31, 2019 (ENTRY NOS. 1 - 40)
7 07/02/2019 ELECTRONIC TRANSCRIPT DATED APRIL 18, 2019 & C.O.S.
8 07/08/2019 ELEC. SUPP. RECORD ON APPEAL DATED JULY 5, 2019 (ENTRY NOS. 41-42)
9 08/12/2019 APPELLANT BRIEF View
10 08/12/2019 APPELLANT APPENDIX
11 08/12/2019 Oral Argument Request by Appellant
12 08/14/2019 Rec'd 6 copies of ATB and ATA from Central Duplicating
13 09/10/2019 APPELLEE BRIEF View
14 09/10/2019 APPELLEE APPENDIX
15 09/16/2019 Rec'd 6 copies of AEB/AEA from Central Duplicating
16 10/18/2019 NOTICE OF ORAL ARGUMENT SENT
17 11/12/2019 APPEARANCES: Kiara C. Kraus-Parr; Kari M. Agotness
18 11/12/2019 ARGUED: Kiara C. Kraus-Parr; Kari M. Agotness
19 11/12/2019 ORAL ARGUMENT WEBCAST