Opinion
No. 20120247.
2012-10-25
STATE of North Dakota, Plaintiff and Appellee v. David C. JIRINZU, Defendant and Appellant.
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge. Justin Jon Schwarz (on brief), Assistant State's Attorney, Burleigh County Courthouse, Bismarck, ND, for plaintiff and appellee. Russell John Myhre (on brief), Valley City, ND, for defendant and appellant.
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.
Justin Jon Schwarz (on brief), Assistant State's Attorney, Burleigh County Courthouse, Bismarck, ND, for plaintiff and appellee. Russell John Myhre (on brief), Valley City, ND, for defendant and appellant.
PER CURIAM.
[¶ 1] David C. Jirinzu appeals a district court judgment revoking his probation and sentencing him to eighteen months of imprisonment. Jirinzu argues the district court erred by considering only one aggravating factor under N.D.C.C. § 12.1–32–04. We affirm under N.D.R.App.P. 35.1(a)(4) and 35.1(a)(7). State v. Steinbach, 1998 ND 18, ¶ 24, 575 N.W.2d 193 (statutory factors, although entitled to consideration in this appeal from the revocation, are neither exclusive nor controlling of a district court's sentencing discretion). [¶ 2] GERALD W. VANDEWALLE, C.J., BENNY A. GRAFF, S.J., DANIEL J. CROTHERS, MARY MUEHLEN MARING and CAROL RONNING KAPSNER, JJ., concur.