¶1Filed 2/8/11 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11State of North Dakota, Plaintiff and Appellee
¶13v.
¶15Danial Ray Curtis, Defendant and Appellant
¶19No. 20100154
¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wickham Corwin, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Mark R. Boening, Assistant State’s Attorney, and Justin Roesler, under the Rule on Limited Practice of Law by Law Students, P.O. Box 2806, Fargo, N.D. 58108-2806, for plaintiff and appellee, on brief.
¶31Daniel E. Gast, 503 7th Street North Ste. 206, Fargo, N.D. 58102, for defendant and appellant, on brief.
¶33No. 20100154
¶35Per Curiam.
¶36[¶1] Danial Curtis appeals from the trial court’s judgment revoking his probation and re-sentencing him to three years in prison. On appeal, Curtis argues the trial court erred in revoking his probation because the court relied on the testimony of only one witness and failed to make findings that incarceration was necessary. We affirm under N.D.R.App.P. 35.1(a)(2), (4), and (7). See, e.g., State v. Jensen, 2010 ND 3, ¶ 6, 777 N.W.2d 847 (stating the State’s only witness at the revocation hearing was the defendant’s probation officer); State v. Ennis, 464 N.W.2d 378, 382 (N.D. 1990) (“On appeal of a claim that a sentence is excessive or incorrect, this court has no power to review the discretion of a sentencing court in fixing a term of imprisonment within the range authorized by statute.”).
¶37[¶2] Gerald W. VandeWalle, C.J.
¶38Mary Muehlen Maring
¶39Daniel J. Crothers
¶40Dale V. Sandstrom
¶41Carol Ronning Kapsner