Barth v. Barth

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¶3Filed 6/30/98 by Clerk of Supreme Court

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¶5IN THE SUPREME COURT

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¶7STATE OF NORTH DAKOTA

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¶91998 ND 127

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¶13State of North Dakota,                   Plaintiff and Appellee

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¶15       v.                                                        

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¶17Michael Webb,                           Defendant and Appellant

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¶20Criminal No. 970381

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¶23Appeal from the District Court of Morton County, South Central Judicial District, the Honorable William F. Hodny, Judge.

¶24AFFIRMED.

¶25Per Curiam.

¶26Ladd R. Erickson, Assistant State's Attorney, 210-2nd Avenue Northwest, Mandan, ND 58554, for plaintiff and appellee.

¶27Wayne D. Goter, 723 Memorial Highway, P.O. Box 1552, Bismarck, ND 58502-1552, for defendant and appellant.

¶28State v. Webb

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¶30Criminal No. 970381

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¶32Per Curiam.

¶33[¶1] Michael Webb appealed from the Criminal Judgment and Commitment of the Morton County District Court which was entered upon a plea of guilty for the crime of Conspiracy to Deliver a Controlled Substance (Methamphetamine), a class B felony, in violation of sections 12.1-06-04 and 19-03.1-23, N.D.C.C.  Webb argues the district court abused its discretion in sentencing him to a term of imprisonment of eight years.  The sentence is affirmed under N.D. R. App. P. 35.1(a)(4).   See State v. Steinbach , 1998 ND 18, ¶24, 575 N.W.2d 193 (stating supreme court has no power to review sentence within statutory limits and a sentence within statutory limits will not be set aside unless district court substantially relied on an impermissible factor or factors).

¶34[¶2] Gerald W. VandeWalle, C.J.

¶35Dale V. Sandstrom

¶36William A. Neumann

¶37Mary Muehlen Maring

¶38Herbert L. Meschke