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STATE of North Dakota, Plaintiff and Appellee v. Dana Scott SCHLIEVE, Defendant and Appellant

North Dakota Supreme Court2018-10-11No. No. 20180108
918 N.W.2d 386

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Opinion

majority opinion

Per Curiam.

[¶1] Dana Schlieve appealed a district court judgment revoking his probation and sentencing him to five years imprisonment. Schlieve argues the district court erred by not explicitly referencing which sentencing factors under N.D.C.C. § 12.1-32-04 were considered. We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7). State v. Gonzalez , 2011 ND 143, ¶ 8, 799 N.W.2d 402 (a trial court need not explicitly reference the factors listed under N.D.C.C. § 12.1-32-04 and the factors do not constitute an exclusive list of all a trial court may consider in fixing a criminal sentence). [¶2] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Zane Anderson, S.J.

[¶3] The Honorable Zane Anderson, S. J., sitting in place of Jensen, J., disqualified.