State v. Schmeets, 2008 ND 119 (N.D. 6/26/2008), 20070360

Citation2008 ND 119
Decision Date26 June 2008
Docket NumberNo. 20070360,No. 20070361,20070360,20070361
PartiesState of North Dakota, Plaintiff and Appellee, v. Jeffrey Schmeets, Defendant and Appellant
CourtUnited States State Supreme Court of North Dakota

Page 1

2008 ND 119
State of North Dakota, Plaintiff and Appellee,
Jeffrey Schmeets, Defendant and Appellant
No. 20070360
No. 20070361
Supreme Court of North Dakota.
Decided June 26, 2008

Appeals from the District Court of Sheridan County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.


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.


[¶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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1 cases
  • In the Matter of The Application For Disciplinary Action v. Stensland, 20100304.
    • United States
    • United States State Supreme Court of North Dakota
    • June 21, 2011
    ...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......

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