DocketNumber： 20130356
Filed Date： 5/9/2014
Status： Precedential
Modified Date： 2/19/2016
Filed 5/9/14 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2014 ND 96
State of North Dakota, Plaintiff and Appellee
v.
Daimeon Ernest Simmons, Defendant and Appellant
No. 20130356
Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Richard L. Hagar, Judge.
AFFIRMED.
Per Curiam.
Daniel A. Gulya, Assistant State’s Attorney, Ward County State’s Attorney’s Office, P.O. Box 5005, Minot, N.D. 58702-5005, for plaintiff and appellee; submitted on brief.
Thomas J. Gunderson, North Dakota Public Defenders’ Office, 11 First Avenue SW, Minot, N.D. 58701, for defendant and appellant; submitted on brief.
State v. Simmons
No. 20130356
Per Curiam.
[¶1] Daimeon Simmons appeals from a district court order revoking his probation, arguing the revocation of his probation violated the double jeopardy clause of the United States Constitution. We summarily affirm under N.D.R.App.P. 35.1(a)(7), concluding probation revocation is not a stage of the criminal prosecution entitling an individual to double jeopardy relief. See State v. Wetzel , 2011 ND 218, ¶ 8, 806 N.W.2d 193 (“[P]robation revocation is not a stage of the criminal prosecution; rather, it is a continuation of the original prosecution to determine whether the defendant violated a condition of his existing probation and not to convict and punish the defendant for a new criminal offense.”).
[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Lisa Fair McEvers
H. Patrick Weir, S.J.
[¶3] The Honorable H. Patrick Weir, Surrogate Judge, sitting in place of Kapsner, J., disqualified.