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2012 ND 60

Gonzalez v. Witzke

North Dakota Supreme Court

Decided March 15, 2012

North Dakota Supreme Court · decided 2012-03-15

Decided 2012-03-15

¶1Filed 3/15/12 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72012 ND 47

¶8

¶9

¶10

¶11State of North Dakota, Plaintiff and Appellee

¶12

¶13v.

¶14

¶15Carlos Mendez Jr., Defendant and Appellant

¶16

¶17

¶18

¶19No. 20110273

¶20

¶21

¶22

¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Jacob T. Rodenbiker, Assistant State’s Attorney, Courthouse, 514 E. Thayer Ave., Bismarck, ND 58501, for plaintiff and appellee.  Submitted on brief.

¶30

¶31Kent M. Morrow, P.O. Box 2155, Bismarck, ND 58502-2155, for defendant and appellant.  Submitted on brief.

¶32State v. Mendez

¶33No. 20110273

¶34

¶35Per Curiam.

¶36[¶1] Carlos Mendez Jr. appealed from a district court criminal judgment entered after the district court revoked his probation .  On appeal, Mendez argues there is insufficient evidence to support the revocation of his probation.  Specifically, Mendez asserts the district court did not take judicial notice of his two criminal convictions, and the allegation that he violated the terms of his probation by using alcohol was not proven by a preponderance of the evidence.  We affirm under N.D.R.App.P. 35.1(a)(2) and (4).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Dale V. Sandstrom

¶39Daniel J. Crothers

¶40Mary Muehlen Maring

¶41Carol Ronning Kapsner

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