STATE v. RUTHERFORD (2018)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Robert William RUTHERFORD, Defendant and Appellant

No. 20170370

Decided: April 10, 2018

James A. Hope, Assistant State’s Attorney, Dickinson, ND, for plaintiff and appellee; submitted on brief. Kiara C. Kraus–Parr, Grand Forks, ND, for defendant and appellant.

[¶ 1] Robert William Rutherford appeals from a criminal judgment ordering restitution after Rutherford pled guilty to conspiracy to commit criminal mischief. Rutherford argues the district court abused its discretion by determining he had the ability to pay the restitution ordered. We summarily affirm under N.D.R.App.P. 35.1(a)(4).

Per Curiam.

[¶ 2] Gerald W. VandeWalle, C.J. Lisa Fair McEvers Daniel J. Crothers Jerod E. Tufte Jon J. Jensen

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