State v. Overby

State of North Dakota, Plaintiff and Appellee
v.
Kelly Overby, Defendant and Appellant

No. 20070054

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Mikal Simonson, Judge.
AFFIRMED.
Per Curiam.
Frederick R. "Fritz" Fremgen, State's Attorney, 511 2nd Avenue SE, Jamestown, ND 58401, for plaintiff and appellee.
Scott R. Sandness, P.O. Box 915, Jamestown, ND 58402-0915, for defendant and appellant.

State v. Overby
No. 20070054

Per Curiam.

[¶1] Kelly Overby appealed a district court order revoking his probation and re-sentencing him to an additional year of incarceration. He argued the district court was clearly erroneous in finding probation violations and abused its discretion in revoking his parole and re-sentencing him to an additional year of imprisonment. The district court was not clearly erroneous in finding five parole violations and the parole revocation and decision to re-sentence Overby was not an abuse of discretion. We summarily affirm under N.D.R.App.P. 35.1(a) (2) and (4).

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