State v. Johnson

¶1Filed 2/12/15 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72015 ND 19

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¶11State of North Dakota, Plaintiff and Appellee

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¶13v.

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¶15Marlin Lee Johnson, Defendant and Appellant

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¶19No. 20140286

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¶23Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Lee M. Grossman, P.O. Box 475, Valley City, ND 58072, for plaintiff and appellant; submitted on brief.

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¶31Andrew C. Eyre, Assistant State’s Attorney, Grand Forks County State’s Attorney’s Office, P.O. Box 5607, Grand Forks, ND 58206; submitted on brief.

¶32State v. Johnson

¶33No. 20140286

¶34

¶35Per Curiam.

¶36[¶1] Marlin Lee Johnson appeals from a district court order revoking probation and resentencing him to 30 months of incarceration with credit for 155 days served.  On appeal, Johnson argues the district court abused its discretion when it revoked his probation and resentenced him to a term of incarceration greater than the term included in the plea agreement he entered into with the State.  We summarily affirm the district court’s order revoking probation and resentencing Johnson, under N.D.R.App.P. 35.1(a)(4) and (7).   See Peltier v. State , 2003 ND 27, ¶ 20, 657 N.W.2d 238 (concluding a district court is not bound by the terms of a plea agreement, when sentencing a defendant after revocation of probation).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Lisa Fair McEvers

¶39Daniel J. Crothers

¶40Dale V. Sandstrom

¶41Carol Ronning Kapsner