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State v. Greff

Docket No. 20220059
Oral Argument: Waived

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Benjamin David Greff, Defendant and Appellant
Case Type
CRIMINAL APPEAL : THEFT
Appeal From
Case No. 2020-CR-01444
South Central Judicial District, Burleigh County
Pamela Ann Nesvig

Parties' Statement of Issues

  • Appellant

    Did the District Court act beyond statutory limitations and abuse its discretion in awarding $5,075 in restitution?

  • Appellee 1

    Whether the District Court's Order for Restitution was Proper.


Summary

Benjamin Greff appeals from an amended order imposing a restitution award of $5,075.

Greff pleaded guilty to theft. Following his guilty plea, the district court held a restitution hearing. At the hearing, the victim testified to the items stolen and their values. Greff testified and denied that he stole those items. The court used the victim’s valuation and ordered Greff’s restitution at $5,075.

On appeal, Greff argues the district court acted beyond statutory limits and abused its discretion by arbitrarily ordering restitution based on the victim’s testimony without any receipts or paperwork, thus constituting a misapplication of the law.


Briefs

Filing Date Description
05/03/2022 APPELLANT BRIEF View
05/31/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Justin Jon Schwarz - 05784
APPELLANT COURT APPOINTED Steven Balaban - 05204

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

Seq. # Filing Date Description Attachment
1 02/17/2022 NOTICE OF APPEAL : 02/17/2022
2 02/17/2022 ORDER FOR TRANSCRIPT : 02/18/2022
3 02/18/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 02/18/2022 Notice served on Steven Balaban & Justin J. Schwarz
5 03/16/2022 ELEC. RECORD ON APPEAL DATED MARCH 15, 2022 (ENTRY NOS. 1-80)
6 03/24/2022 All Transcripts Filed in Record
7 03/25/2022 ELEC. SUPP. RECORD ON APPEAL DATED MARCH 24, 2022 (ENTRY NOS. 81-85)
8 05/03/2022 APPELLANT BRIEF View
9 05/03/2022 Rec'd correction to ATB
10 05/09/2022 Rec'd 3 copies of ATB from CSD
11 05/31/2022 APPELLEE BRIEF View
12 05/31/2022 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
13 06/01/2022 Rec'd 3 copies of AEB from CSD