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STATE of North Dakota, Plaintiff and Appellee v. Daniel Lynn GOLDSACK, Defendant and Appellant

North Dakota Supreme Court2019-02-21No. Nos. 20180265; 20180266
923 N.W.2d 137

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Opinion

majority opinion

Per Curiam.

[¶1] Daniel Goldsack appeals from a district courts second amended criminal judgments revoking his probation. Goldsack argues the district court clearly erred in finding a probation violation occurred and the State did not prove by a preponderance of the evidence Goldsack violated the conditions of his probation. We affirm under N.D.R.App.P. 35.1(a)(2), (4) and (7). See, e.g., State v. McAvoy , 2007 ND 178, ¶¶ 9, 18, 741 N.W.2d 198 (holding the trial courts factual findings of a probation violation were not clearly erroneous and concluding the court did not abuse its discretion in revoking the defendants probation). [¶2] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Jerod E. Tufte