STATE v. SCHLIEVE (2018)

Supreme Court of North Dakota.

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

No. 20180108

Decided: October 11, 2018

Faye A. Jasmer, Assistant State’s Attorney, Grand Forks, ND, for plaintiff and appellee; submitted on brief. Kiara C. Kraus-Parr, Grand Forks, ND, for defendant and appellant.

[¶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).

Per Curiam.

[¶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.

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