Opinion
20230376
05-16-2024
State of North Dakota, Plaintiff and Appellee v. Travis Garth Eggl, Defendant and Appellant
Heather Misialek (argued), under the Rule on Limited Practice of Law by Law Students, and Rachel R. Egstad (appeared), Assistant State's Attorney, Grand Forks, ND, for plaintiff and appellee. Samuel A. Gereszek, of Grand Forks, ND, for defendant and appellant.
Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable M. Jason McCarthy, Judge.
Heather Misialek (argued), under the Rule on Limited Practice of Law by Law Students, and Rachel R. Egstad (appeared), Assistant State's Attorney, Grand Forks, ND, for plaintiff and appellee.
Samuel A. Gereszek, of Grand Forks, ND, for defendant and appellant.
PER CURIAM.
[¶1] Travis Eggl appeals from a criminal judgment entered after he pled guilty to a charge of gross sexual imposition. The district court sentenced Eggl to 80 years imprisonment with 20 years suspended and 10 years supervised probation. Eggl argues he received an excessive sentence, the court improperly considered the sentencing factors under N.D.C.C. § 12.1-32-04, and the court failed to provide adequate findings on each sentencing factor.
[¶2] We conclude the district court did not abuse its discretion in sentencing Eggl to 80 years in prison with 20 years suspended and 10 years supervised probation because his sentence was within the statutorily prescribed sentencing limits and the court did not substantially rely on an impermissible factor when deciding Eggl's sentence. See State v. Nelson, 2023 ND 246, ¶¶ 5-7, 999 N.W.2d 632. We summarily affirm under N.D.R.App.P. 35.1(a)(4).
[¶3] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr.