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STATE v. McAVOY

No. 20080126.

757 N.W.2d 394 (2008)

2008 ND 204

STATE of North Dakota, Plaintiff and Appellee v. Roger Patrick McAVOY, Defendant and Appellant.

Supreme Court of North Dakota.

November 19, 2008.

Attorney(s) appearing for the Case

Lloyd C. Suhr, Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Susan Schmidt, Bismarck, ND, for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Roger McAvoy appeals a district court order and second amended criminal judgment revoking his probation and resentencing him to be committed to the custody of the North Dakota Department of Corrections for five years, with credit for time served. We affirm, concluding the district court's finding that McAvoy violated the terms of his probation was not clearly erroneous and the district court...

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