State v. Kalina

State v. Kalina, 544 N.W.2d 176 (N.D. 1996)

[Go to Documents]Filed Jan. 3, 1996IN THE SUPREME COURTSTATE OF NORTH DAKOTA

State of North Dakota, Plaintiff and Appellee
v.
Jason T. Kalina, Defendant and Appellant

Criminal No. 950265

Appeal from the District Court for Bowman County, Southwest Judicial District, the Honorable Zane Anderson, Judge.
AFFIRMED.
Per Curiam.
Steven J. Wild, State's Attorney, 11 East 2nd Street, P.O. Box 260, Bowman, ND 58623, for plaintiff and appellee. Submitted on brief.
Scott J. McDonald, 205 South Main, P.O. Box 1010, Bowman, ND 58623, for defendant and appellant. Submitted on brief.

State v. KalinaCriminal No. 950265

Per Curiam.

Jason T. Kalina appeals from his conviction, through his conditional guilty plea, for driving under the influence of alcohol. Kalina argues his criminal conviction constituted double jeopardy under the state and federal constitutions because his driving privileges had already been suspended in an administrative hearing under NDCC ch. 39-20. We affirm under NDRAppP 35.1(a)(7). See State v. Zimmerman, 539 N.W.2d 49 (N.D. 1995).

Gerald W. VandeWalle, C. J.
Herbert L. Meschke
Dale V. Sandstrom
Beryl J. Levine
William A. Neumann