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State v. Goldsack

SUPREME COURT STATE OF NORTH DAKOTA
Feb 21, 2019
2019 N.D. 36 (N.D. 2019)

Opinion

Nos. 20180265 20180266

02-21-2019

STATE of North Dakota, Plaintiff and Appellee v. Daniel Lynn GOLDSACK, Defendant and Appellant

Justin J. Schwarz, Assistant State’s Attorney, Bismarck, ND, for plaintiff and appellee; submitted on brief. Russell J. Myhre, Enderlin, ND, for defendant and appellant; submitted on brief.


Justin J. Schwarz, Assistant State’s Attorney, Bismarck, ND, for plaintiff and appellee; submitted on brief.

Russell J. Myhre, Enderlin, ND, for defendant and appellant; submitted on brief.

Per Curiam.

[¶1] Daniel Goldsack appeals from a district court’s second amended criminal judgments revoking his probation. Goldsack argues the district court clearly erred in finding a probation violation occurred and the State did not prove by a preponderance of the evidence Goldsack violated the conditions of his probation. We affirm under N.D.R.App.P. 35.1(a)(2), (4) and (7). See, e.g., State v. McAvoy , 2007 ND 178, ¶¶ 9, 18, 741 N.W.2d 198 (holding the trial court’s factual findings of a probation violation were not clearly erroneous and concluding the court did not abuse its discretion in revoking the defendant’s probation).

[¶2] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Jerod E. Tufte


Summaries of

State v. Goldsack

SUPREME COURT STATE OF NORTH DAKOTA
Feb 21, 2019
2019 N.D. 36 (N.D. 2019)
Case details for

State v. Goldsack

Case Details

Full title:State of North Dakota, Plaintiff and Appellee v. Daniel Lynn Goldsack…

Court:SUPREME COURT STATE OF NORTH DAKOTA

Date published: Feb 21, 2019

Citations

2019 N.D. 36 (N.D. 2019)
923 N.W.2d 137