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2017 ND 89

State v. Schnellbach

North Dakota Supreme Court

Decided April 25, 2017

North Dakota Supreme Court · decided 2017-04-25

Cited by 1 later decisions — most recently July 2019

1 state decisions

Relies on State v. Gonzalez

Good law ✅— No negative treatment on recordhow we know

Decided 2017-04-25

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¶1Filed 4/25/17 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72017 ND 89

¶8

¶9

¶10

¶11State of North Dakota, Plaintiff and Appellee

¶12

¶13v.

¶14

¶15Adam Lee Schnellbach, Defendant and Appellant

¶16

¶17

¶18

¶19No. 20160342

¶20

¶21

¶22

¶23Appeal from the District Court of Walsh County, Northeast Judicial District, the Honorable M. Richard Geiger, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Barbara L. Whelan, State’s Attorney, Walsh County Courthouse, 600 Cooper Avenue, Third Floor, Grafton, N.D. 58237, for plaintiff and appellee; submitted on brief.

¶30

¶31Stuart J. Askew, P.O. Box 386, Cavalier, N.D. 58220, for defendant and appellant; submitted on brief.

¶32State v. Schnellbach

¶33No. 20160342

¶34

¶35Per Curiam.

¶36[¶1] Adam Schnellbach appeals a criminal judgment imposing a sentence of 60 years, to serve 22, after he entered an Alford plea for two counts of gross sexual imposition and one count of promoting sexual performance by a minor.  Schnellbach argues the district court erred in its conclusions relating to the sentencing factors under N.D.C.C. § 12.1-32-04.  His sentence was within the statutory guidelines, and his arguments on appeal do not show that the court relied upon an impermissible factor.  State v. Gonzalez, 2011 ND 143, ¶ 11, 799 N.W.2d 402 (reviewing sentencing decision only to ensure it is within range authorized by statute and does not substantially rely on an impermissible factor).  We summarily affirm under N.D.R.App.P. 35.1(a)(7).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Jerod E. Tufte

¶39Daniel J. Crothers

¶40Lisa Fair McEvers

¶41Carol Ronning Kapsner

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