Opinion
No. 20160040
07-28-2016
State of North Dakota, Plaintiff and Appellee v. Noah Donald Hoffer, Defendant and Appellant
Britta K. Demello Rice, Assistant State's Attorney, 514 East Thayer Avenue, Bismarck, N.D. 58501, for plaintiff and appellee. Justin J. Vinje, P.O. Box 4031, Bismarck, N.D. 58502-4031, for defendant and appellant.
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail Hagerty, Judge.
AFFIRMED.
Per Curiam.
Britta K. Demello Rice, Assistant State's Attorney, 514 East Thayer Avenue, Bismarck, N.D. 58501, for plaintiff and appellee.
Justin J. Vinje, P.O. Box 4031, Bismarck, N.D. 58502-4031, for defendant and appellant.
Per Curiam.
[¶1] Noah Hoffer appealed from an order deferring imposition of his sentence entered after he entered a conditional guilty plea to conspiracy to deliver a controlled substance, possession of a controlled substance, and possession of drug paraphernalia, reserving the right to appeal the denial of his motion to suppress. Hoffer argues that probable cause plus an exception to the warrant requirement was necessary to justify law enforcement's warrantless seizure of personal property, a backpack in this case. We summarily affirm under N.D.R.App.P. 35.1(a)(2), (3), and (7). See State v. Heier, 2016 ND 158.
[¶2]
Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Lisa Fair McEvers
Daniel J. Crothers
Daniel D. Narum, D.J.
[¶3] The Honorable Daniel D. Narum, D.J., sitting in place of Sandstrom, J., disqualified.