State v. Robinson

State v. Robinson, 2002 ND 183, 655 N.W.2d 84

Filed Dec. 4, 2002
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2002 ND 183

State of North Dakota, Plaintiff and Appellee
v.
Jesse Michael Robinson, Defendant and Appellant

No. 20020070

Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge.
AFFIRMED.
Per Curiam.
Earle R. Myers, Jr. (on brief), State's Attorney, Law Enforcement Center, 413 3rd Ave. N., Wahpeton, ND 58075, for plaintiff and appellee.
Don R. Krassin (on brief), Krassin Law Office, Town Centre Square, 500 Dakota Ave., Ste. 240, Wahpeton, ND 58075-4436, for defendant and appellant.

State v. Robinson
No. 20020070

Per Curiam.

[¶1] Jesse Michael Robinson appealed from a criminal judgment and commitment which was entered upon a plea of guilty to the offense of accomplice to attempted murder. Robinson argues the district court relied on an impermissible factor in sentencing him to a term of 20 years imprisonment with 15 years suspended. Robinson has failed to establish the district court relied on an impermissible factor in determining his sentence. Robinson's sentence is within the minimum and maximum statutory limits. The sentence is affirmed under N.D.R.App.P. 35.1(a)(7). See State v. Steinbach, 1998 ND 18, ¶ 24, 575 N.W.2d 193 (stating unless the sentencing court relies upon an impermissible factor, appellate review of a criminal sentence is confined to whether the term of imprisonment is within the range authorized by statute).

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