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STATE of North Dakota, Plaintiff and Appellee v. Joshua John GOMEZ, Defendant and Appellant

North Dakota Supreme Court2019-03-13No. No. 20180364
924 N.W.2d 87

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Opinion

majority opinion

Per Curiam.

[¶1] Joshua John Gomez appealed from a district courts second amended judgment revoking his probation and resentencing. Gomez argues the district court abused its discretion in revoking his probation because his probation violations were for drug usage, not sexual activity. The court did not abuse its discretion in revoking Gomezs probation based on finding Gomez used drugs in violation of his probation terms. See State v. Causer , 2004 ND 75, ¶ 37, 678 N.W.2d 552 (holding court did not abuse its discretion in revoking probation based on defendants possession of alcohol in violation of his probation terms). We summarily affirm under N.D.R.App.P. 35.1(a)(4). [¶2] Gerald W. Vande Walle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen