State v. Hatzenbuehler
- State of North Dakota, Plaintiff and Appellee
Dean Hatzenbuehler, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
Case No. 2022-CR-00303
Southwest Judicial District, Stark County
Dann Edward Greenwood
Parties' Statement of Issues
¶1 The Court erred in the sentence it imposed by failing to make adequate findings of fact to support its decision.
¶2 The District Court erred in its sentence by failing to consider the sentencing factors set forth in N.D.C.C. §12.1-32-04.
 Whether the District Court erred in the sentence it imposed by failing to make adequate findings of fact to support its decision.
 Whether the District Court erred in its sentence by failing to consider the sentencing factors set forth in N.D.C.C. § 12.1-32-04.
Dean Hatzenbuehler appeals from a district court’s order revoking probation.
In August 2022, Hatzenbuehler pled guilty and was sentenced pursuant to a plea agreement, and an order deferring imposition of sentence was entered, placing Hatzenbuehler on supervised probation for three years.
In September 2022, the State filed a petition for revocation of probation containing four allegations. The district court subsequently held a hearing, and the judge issued an order revoking his probation and resentencing him to ten years with all but five years suspended, followed by three years of supervised probation.
On appeal, Hatzenbuehler argues that the district court failed to make adequate findings of fact and to consider the sentencing factors set forth in N.D.C.C § 12.1-32-04 in deciding to revoke his probation.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/18/2023||NOTICE OF APPEAL : 01/18/2023||View|
|2||01/18/2023||ORDER FOR TRANSCRIPT : 01/18/2023||View|
|3||01/18/2023||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.||View|
|4||01/18/2023||Notice served on Mark C. Sherer & Amanda R. Engelstad|
|5||02/14/2023||ELEC. RECORD ON APPEAL DATED FEBRUARY 14, 2023 (ENTRY NOS. 1-115)||View|
|6||04/05/2023||MOT. EXT/TIME TRANSCRIPT||View|
|7||04/06/2023||ACTION BY CHIEF JUSTICE - Granted : 04/26/2023|
|8||04/14/2023||All Transcripts Filed in Record|
|10||05/25/2023||Rec'd 4 copies of ATB from CSD|
|12||06/09/2023||Rec'd 4 copies of AEB from Central Duplicating|
|13||06/15/2023||ORAL ARGUMENT WAIVED - NO ORAL ARGUMENT REQUESTED|
|14||09/19/2023||APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(C)|
|15||09/19/2023||ARGUED: Waived under N.D.R.App.P. 34(a)(1)(C)|