STATE v. BOUCK

Nos. 20000346-20000348.

633 N.W.2d 163 (2001)

2001 ND 153

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

Supreme Court of North Dakota.

August 29, 2001.


Attorney(s) appearing for the Case

Lonnie Olson, State's Attorney, Devils Lake, ND, for plaintiff and appellee; submitted on brief.

Michael N. Steffan, Frith & Steffan, Devils Lake, ND, for defendant and appellant; submitted on brief.


KAPSNER, Justice.

[¶ 1] John Bouck appealed from a district court order finding Bouck guilty of two acts of contempt and imposing a punitive sanction of 30 days' imprisonment at the state penitentiary for each of the two contempts. We affirm the findings of contempt and the imposition of consecutive punitive sanctions. However, we hold the district court did not have authority to sentence Bouck to the state penitentiary for contempt, and we remand for imposition...

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