State v. Klein

State v. Klein, 1998 ND 182, 595 N.W.2d 602

Filed Oct. 13, 1998
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
1998 ND 182State of North Dakota, Plaintiff and Appellee
v.
Joseph M. Klein, Defendant and Appellant

Criminal No. 980168

Appeal from the District Court for Emmons County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.
AFFIRMED.
Per Curiam.
Jonathan R. Byers, Assistant Attorney General, Attorney General's Office, P.O. Box 1054, Bismarck, N.D. 58502-1054, for plaintiff and appellee.
David N. Ogren of Herr & Ogren, P.O. Box 67, Wishek, N.D. 58495-0067, for defendant and appellant.

State v. KleinCriminal No. 980168

Per Curiam.

[¶1] Joseph Klein appeals from the district court's order revoking probation and increasing the length of Klein's incarceration, as allowed by N.D.C.C. § 12.1-32-07(6). Klein's appeal is without merit, and a previous controlling appellate decision, State v. Lindgren, 483 N.W.2d 777, 778 (N.D. 1992), is dispositive of the appeal. Therefore, we affirm under N.D.R.App.P. 35.1(a)(7).

[¶2]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring

[¶3] Because of a vacancy on the Court at the time of hearing and decision, this case was decided by four Justices.