State v. Schmeets, 2008 ND 119 (N.D. 6/26/2008), 20070360
| Citation | 2008 ND 119 |
| Decision Date | 26 June 2008 |
| Docket Number | No. 20070360,No. 20070361,20070360,20070361 |
| Parties | State of North Dakota, Plaintiff and Appellee, v. Jeffrey Schmeets, Defendant and Appellant |
| Court | United States State Supreme Court of North Dakota |
Page 1
v.
Jeffrey Schmeets, Defendant and Appellant
Appeals from the District Court of Sheridan County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.
AFFIRMED AND REMANDED.
Walter Mathias Lipp (argued), State's Attorney, 208 South Main Street, P.O. Box 590, McClusky, ND 58463-0590, for plaintiff and appellee.
Monty Jay Stensland (argued), 414½ DeMers Avenue, Suite 12, Grand Forks, ND 58201, and Steven D. Motttinger (on brief), 15 9th Street South, Fargo, ND 58103-1830, for defendant and appellant.
Per Curiam.
PER CURIAM.
[¶1] Jeffrey Schmeets appeals from the district court's order revoking his probation because he violated the terms of his release.
[¶2] We affirm the order under N.D.R.App.P. 35.1(a)(2) and (4) because the district court's findings of fact were not clearly erroneous and because the court did not abuse its discretion in revoking probation. However, we remand the order to the district court to correct two clerical errors. Contrary to the order, Schmeets did not admit to the probation violations and he tested positive for methamphetamine rather than for marijuana.
[¶3] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring
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In the Matter of The Application For Disciplinary Action v. Stensland, 20100304.
...Schmeets's probation from an earlier conviction. The appeal had been filed and briefed by another attorney. See State v. Schmeets, 2008 ND 119, 756 N.W.2d 344. [¶ 4] On June 23, 2008, a written plea agreement and waiver of appearance in the Wells County matter was filed with the district co......