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Gonzalez v. Witzke , 2012 ND 60 ( 2012 )


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  • Filed 3/15/12 by Clerk of Supreme Court

    IN THE SUPREME COURT

    STATE OF NORTH DAKOTA

      

      

      

    2012 ND 47

      

      

      

    State of North Dakota, Plaintiff and Appellee

      

    v.

      

    Carlos Mendez Jr., Defendant and Appellant

      

      

      

    No. 20110273

      

      

      

    Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.

      

    AFFIRMED.

      

    Per Curiam.

      

    Jacob T. Rodenbiker, Assistant State’s Attorney, Courthouse, 514 E. Thayer Ave., Bismarck, ND 58501, for plaintiff and appellee.  Submitted on brief.

      

    Kent M. Morrow, P.O. Box 2155, Bismarck, ND 58502-2155, for defendant and appellant.  Submitted on brief.

    State v. Mendez

    No. 20110273

      

    Per Curiam.

    [¶1] Carlos Mendez Jr. appealed from a district court criminal judgment entered after the district court revoked his probation .  On appeal, Mendez argues there is insufficient evidence to support the revocation of his probation.  Specifically, Mendez asserts the district court did not take judicial notice of his two criminal convictions, and the allegation that he violated the terms of his probation by using alcohol was not proven by a preponderance of the evidence.  We affirm under N.D.R.App.P. 35.1(a)(2) and (4).

    [¶2] Gerald W. VandeWalle, C.J.

    Dale V. Sandstrom

    Daniel J. Crothers

    Mary Muehlen Maring

    Carol Ronning Kapsner