State v. Hernandez

Filed June 5, 2008
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2008 ND 103

State of North Dakota, Plaintiff and Appellee
v.
Mario Domingo Hernandez, Defendant and Appellant

No. 20070380

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Debbie Gordon Kleven, Judge.
AFFIRMED.
Per Curiam.
Christopher David Griffin (on brief), Assistant State's Attorney, P.O. Box 5607, Grand Forks, N.D. 58206, for plaintiff and appellee.
Mario Domingo Hernandez (on brief), pro se, P.O. Box 5521, Bismarck, N.D. 58506-5521, for defendant and appellant.

State v. Hernandez
No. 20070380

Per Curiam.

[¶1] Mario Hernandez appeals from the district court order revoking his probation. Hernandez argues that there was no finding made of a congenital or acquired condition which causes Hernandez to not be able to control his sexually dangerous predatory behavior and thus to be dangerous and that probation revocation for treatment purposes is subject to Fourteenth Amendment due process and equal treatment analysis. Hernandez also argues he did not willfully violate his probation condition and did not fail to complete treatment.

[¶2] We affirm under N.D.R.App.P. 35.1(a)(2) and (4).

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