State v. Gai

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
DECEMBER 28, 2023
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 245State of North Dakota, Plaintiff and Appellee
v.
Abraham Bior Gai, Defendant and Appellant
No. 20230231
Appeal from the District Court of Richland County, Southeast Judicial District,
the Honorable Bradley A. Cruff, Judge.
AFFIRMED.
Per Curiam.
Megan E. Kummer, State’s Attorney, Wahpeton, ND, for plaintiff and appellee;
submitted on brief.
Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant; submitted
on brief.
State v. Gai
No. 20230231
Per Curiam.
[¶1] Abraham Bior Gai appeals from a criminal judgment revoking probation
and imposing a new sentence of two years imprisonment.
[¶2] On appeal, Gai conceded the district court’s findings of fact that he
violated the terms of his probation were not clearly erroneous. He argues the
court acted unreasonably by revoking his probation and resentencing him.
After a review of the record, we conclude the court did not abuse its discretion
in revoking Gai’s probation. See State v. Hatzenbuehler, 2023 ND 192, ¶ 6, 996
N.W.2d 649 (noting we review the district court decision on whether to revoke
probation under the abuse-of-discretion standard).
[¶3] To the extent Gai challenges the length of his sentence as an abuse of
discretion, we do not review a sentence imposed within the statutory range.
See State v. Gates, 540 N.W.2d 134, 137 (N.D. 1995) (our review of a sentence
imposed after revoking probation is confined to determining whether the
district court acted within statutorily prescribed limits). We summarily affirm
under N.D.R.App.P. 35.1(a)(4).
[¶4] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
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