State v. Greff
- State of North Dakota, Plaintiff and Appellee
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
Did the District Court act beyond statutory limitations and abuse its discretion in awarding $5,075 in restitution?
Whether the District Court's Order for Restitution was Proper.
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.
(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)|
|9||05/03/2022||Rec'd correction to ATB|
|10||05/09/2022||Rec'd 3 copies of ATB from CSD|
|12||05/31/2022||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT|
|13||06/01/2022||Rec'd 3 copies of AEB from CSD|