¶1Filed 11/15/11 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11In the Matter of L.D.M.
¶13Lisa B. Gibbens,
¶14Rolette County
¶15State’s Attorney, Petitioner and Appellee
¶17v.
¶19L.D.M., Respondent and Appellant
¶23No. 20110110
¶27Appeal from the District Court of Rolette County, Northeast Judicial District, the Honorable Laurie A. Fontaine, Judge.
¶29AFFIRMED.
¶31Per Curiam.
¶33Lisa Beckstrom Gibbens (argued), State’s Attorney, P.O. Box 1079, Rolla, ND 58367-1079, petitioner and appellee.
¶35William Robert Hartl (argued), P.O. Box 319, Rugby, ND 58368-0319, for respondent and appellant.
¶37No. 20110110
¶39Per Curiam.
¶40[¶1] L.D.M. appeals a district court order denying his petition for discharge and continuing his commitment as a sexually dangerous individual. He argues the State did not prove he remains a sexually dangerous individual by clear and convincing evidence. We affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court’s finding L.D.M. remains a sexually dangerous individual was not clearly erroneous.
¶41[¶2] L.D.M. also argues that the North Dakota State Hospital treatment requirements violate his Fifth Amendment right against self-incrimination and that he is not receiving “the least restrictive available treatment” as required by N.D.C.C. § 25-03.3-13. In 2009, L.D.M. pled guilty to criminal mischief for destroying State Hospital property. He was sentenced to four years of incarceration at the North Dakota State Penitentiary where he is an inmate. L.D.M. is not currently being treated at the State Hospital. Because issues surrounding L.D.M.’s treatment at the State Hospital are not ripe for review, we dismiss those claims. SeeInterest of C.W., 453 N.W.2d 806, 810 (N.D. 1990).
¶42[¶3] Gerald W. VandeWalle, C.J.
¶43Daniel J. Crothers
¶44Mary Muehlen Maring
¶45Carol Ronning Kapsner
¶46Dale V. Sandstrom