¶1Filed 12/18/12 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11State of North Dakota, Plaintiff and Appellee
¶13v.
¶15Patrick Wayne Wolfgram, Defendant and Appellant
¶19No. 20120286
¶23Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Ronald W. McBeth, Assistant State’s Attorney, Law Enforcement Center, 413 3rd Avenue N., Wahpeton, ND 58075, for plaintiff and appellee; on brief.
¶31Don R. Krassin, 120 South 1st Street, Wahpeton, ND 58075, for defendant and appellant; on brief.
¶33No. 20120286
¶35Per Curiam.
¶36[¶1] Patrick Wolfgram appeals a trial court judgment sentencing him to twenty years in prison with five years suspended for five years after pleading guilty in an open plea to attempted murder. On appeal, he argues the sentence was cruel and unusual and grossly disproportionate to the offense. We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7); seeState v. Gomez, 2011 ND 29, ¶ 28, 793 N.W.2d 451 (sentence within statutory sentencing range is neither cruel and unusual nor disproportionate to the offense).
¶37[¶2] Gerald W. VandeWalle, C.J.
¶38Carol Ronning Kapsner
¶39Dale V. Sandstrom
¶40Daniel J. Crothers
¶41Mary Muehlen Maring