Search Tips

State v. Hatzenbuehler

Docket No. 20230017
Oral Argument: Waived

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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

  • Appellant

    ¶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.

  • Appellee 1

    [1] Whether the District Court erred in the sentence it imposed by failing to make adequate findings of fact to support its decision.
    [2] 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.

Summary

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.

Briefs

Filing Date Description
05/24/2023 APPELLANT BRIEF View
06/06/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Amanda Rose Engelstad - 08101
APPELLANT PRIVATE PRACTICE Mark Conrad Sherer - 06749

(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
9 05/24/2023 APPELLANT BRIEF View
10 05/25/2023 Rec'd 4 copies of ATB from CSD
11 06/06/2023 APPELLEE BRIEF View
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)