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State v. Ramirez

SUPREME COURT STATE OF NORTH DAKOTA
Mar 15, 2012
2012 N.D. 51 (N.D. 2012)

Opinion

No. 20110255

03-15-2012

State of North Dakota, Plaintiff and Appellee v. Joseph Cruz Christopher Ramirez III, Defendant and Appellant

Dawn M. Deitz, Assistant State's Attorney, 514 East Thayer Avenue, Bismarck, N.D. 58501, for plaintiff and appellee; on brief. Susan Schmidt, 400 East Broadway Ave., Ste. 27, Bismarck, N.D. 58501, for defendant and appellant; on brief.


This opinion is subject to petition for rehearing.

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

AFFIRMED.

Per Curiam.

Dawn M. Deitz, Assistant State's Attorney, 514 East Thayer Avenue, Bismarck, N.D. 58501, for plaintiff and appellee; on brief.

Susan Schmidt, 400 East Broadway Ave., Ste. 27, Bismarck, N.D. 58501, for defendant and appellant; on brief.

Per Curiam

.

[¶1] Joseph Ramirez appeals from the trial court's judgment revoking his probation and amending his criminal judgment. On appeal, Ramirez argues the evidence does not support the court's findings, and the court abused its discretion when it revoked his probation. Specifically, Ramirez claims two of the alleged violations of probation were not proven by a preponderance of the evidence and the trial court erred by basing the revocation of his probation, at least in part, on these findings. The State need show only a single violation to sustain revocation of probation. State v. Jacobsen, 2008 ND 52, ¶ 15, 746 N.W.2d 405.

[¶2] We affirm under N.D.R.App.P. 35.1(a)(2), (4), and (7).

[¶3]

Gerald W. VandeWalle, C.J.

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom

Carol Ronning Kapsner


Summaries of

State v. Ramirez

SUPREME COURT STATE OF NORTH DAKOTA
Mar 15, 2012
2012 N.D. 51 (N.D. 2012)
Case details for

State v. Ramirez

Case Details

Full title:State of North Dakota, Plaintiff and Appellee v. Joseph Cruz Christopher…

Court:SUPREME COURT STATE OF NORTH DAKOTA

Date published: Mar 15, 2012

Citations

2012 N.D. 51 (N.D. 2012)