Opinion
No. 20010167.
Decided December 10, 2001.
Appeal from the District Court of Renville County, Northeast Judicial District, the Honorable JOHN C. MCCLINTOCK, Jr., Judge.
AFFIRMED.
Marvin K. Madsen (on brief), State's Attorney, P.O. Box 398, Mohall, N.D. 58761, for plaintiff and appellee.
Glenn A. Gates (on brief), pro se, P.O. Box 667, Mohall, N.D. 58761, for defendant and appellant.
[¶ 1] Glenn Gates appealed from a district court order denying his motion "to remove all of the felony charges" and deem his conviction for class C felony theft to be a misdemeanor. After his conviction, Gates violated probation on several occasions, and he was resentenced to incarceration for one year and one day. Consequently, he is not entitled to have his felony conviction deemed to be a misdemeanor under the terms of N.D.C.C. § 12.1-32-02(9), and we affirm under N.D.R.App.P. 35.1(a).
[¶ 2] GERALD W. VANDEWALLE, C.J.
MARY MUEHLEN MARING
CAROL RONNING KAPSNER
DALE V. SANDSTROM
BRUCE E. BOHLMAN, D.J.
[¶ 3] The Honorable BRUCE E. BOHLMAN, D.J., sitting in place of NEUMANN, J., disqualified.