¶1Filed 10/13/15 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11State of North Dakota, Plaintiff and Appellee
¶13v.
¶15Deidra Berg, a/k/a Deidra Taraba, Defendant and Appellant
¶19No. 20150076
¶23Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Dann E. Greenwood, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Rhonda R. Ehlis, Assistant State’s Attorney, 51 Third Street East, Suite 202, Dickinson, N.D. 58601, for plaintiff and appellee; on brief.
¶31Matthew J. Arthurs, 220 North Fourth Street, Bismarck, N.D. 58501, for defendant and appellant; on brief.
¶32State v. Berg
¶33No. 20150076
¶35Per Curiam.
¶36[¶1] Deidra Berg appeals from a district court order for revocation of probation and amended criminal judgment sentencing her to two years of incarceration. She argues the district court abused its discretion because its two-year sentence was unreasonable since she had already served time in prison. We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7). SeeState v. Wardner, 2006 ND 256, ¶ 11, 725 N.W.2d 215 (quoting Davis v. State, 2001 ND 85, ¶ 11, 625 N.W.2d 855 (“‘Under N.D.C.C. § 12.1-32-07(6), a trial court is authorized to resentence a defendant who violates a condition of probation to any sentence that was initially available . . . .’”)). See alsoWardner at ¶ 27 (quoting State v. Ennis, 464 N.W.2d 378, 382 (N.D. 1990) (“[A]ppellate review of the sentence itself focuses only on whether the district court ‘acted within the limits prescribed by statute, or substantially relied on an impermissible factor.’”)).
¶37[¶2] Gerald W. VandeWalle, C.J.
¶38Dale V. Sandstrom
¶39Daniel J. Crothers
¶40Lisa Fair McEvers
¶41Carol Ronning Kapsner