State v. Gomez

• Decision Date: 13 March 2019
• Docket Number: No. 20180364,20180364
• Parties: STATE of North Dakota, Plaintiff and Appellee v. Joshua John GOMEZ, Defendant and Appellant
• Court: North Dakota Supreme Court

924 N.W.2d 87 (Mem)

STATE of North Dakota, Plaintiff and Appellee
v.
Joshua John GOMEZ, Defendant and Appellant

No. 20180364

Supreme Court of North Dakota.

Filed March 13, 2019

Julie Lawyer, Burleigh County State’s Attorney, Bismarck, ND, for plaintiff and appellee; submitted on brief.

Kent M. Morrow, Bismarck, ND, for defendant and appellant; submitted on brief.

Per Curiam.

[¶1] Joshua John Gomez appealed from a district court’s second amended judgment revoking his probation and resentencing. Gomez argues the district court abused its discretion in revoking his probation because his probation violations were for drug usage, not sexual activity. The court did not abuse its discretion in revoking Gomez’s probation based on finding Gomez used drugs in violation of his probation terms. See State v. Causer , 2004 ND 75, ¶ 37, 678 N.W.2d 552 (holding court did not abuse its discretion in revoking probation based on defendant’s possession of alcohol in violation of his probation terms). We summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶2] Gerald W. Vande Walle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen