State v. Gates

State v. Gates, 2001 ND 196, 639 N.W.2d 706

Filed Dec. 10, 2001
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2001 ND 196

State of North Dakota, Plaintiff and Appellee
v.
Glenn A. Gates, Defendant and Appellant

No. 20010167

Appeal from the District Court of Renville County, Northeast Judicial District, the Honorable John C. McClintock, Jr., Judge.
AFFIRMED.
Per Curiam.
Marvin K. Madsen (on brief), State's Attorney, P.O. Box 398, Mohall, N.D. 58761, for plaintiff and appellee.
Glenn A. Gates (on brief), pro se, P.O. Box 667, Mohall, N.D. 58761, for defendant and appellant.

State v. Gates
No. 20010167

Per Curiam.

[¶1] Glenn Gates appealed from a district court order denying his motion "to remove all of the felony charges" and deem his conviction for class C felony theft to be a misdemeanor. After his conviction, Gates violated probation on several occasions, and he was resentenced to incarceration for one year and one day. Consequently, he is not entitled to have his felony conviction deemed to be a misdemeanor under the terms of N.D.C.C. § 12.1-32-02(9), and we affirm under N.D.R.App.P. 35.1(a).

[¶2] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom
Bruce E. Bohlman, D.J.

[¶3] The Honorable Bruce E. Bohlman, D.J., sitting in place of Neumann, J., disqualified.