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2018 ND 230

State v. Schlieve

North Dakota Supreme Court

Decided October 11, 2018

North Dakota Supreme Court · decided 2018-10-11

Relies on State v. Gonzalez

Decided 2018-10-11

Per Curiam.

¶1*387 [¶1] Dana Schlieve appealed a district court judgment revoking his probation and sentencing him to five years imprisonment. Schlieve argues the district court erred by not explicitly referencing which sentencing factors under N.D.C.C. § 12.1-32-04 were considered. We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7). State v. Gonzalez , 2011 ND 143 , ¶ 8, 799 N.W.2d 402 (a trial court need not explicitly reference the factors listed under N.D.C.C. § 12.1-32-04 and the factors do not constitute an exclusive list of all a trial court may consider in fixing a criminal sentence).

¶2 [¶2] Gerald W. VandeWalle, C.J.

¶3 Jerod E. Tufte

¶4 Daniel J. Crothers

¶5 Lisa Fair McEvers

¶6 Zane Anderson, S.J.

¶7 [¶3] The Honorable Zane Anderson, S. J., sitting in place of Jensen, J., disqualified.

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