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STATE v. EVERETT

No. 20090386.

785 N.W.2d 262 (2010)

2010 ND 129

STATE of North Dakota, Plaintiff and Appellee v. James Michael EVERETT, Defendant and Appellant.

Supreme Court of North Dakota.

July 13, 2010.

Attorney(s) appearing for the Case

Peter D. Welte, State's Attorney, and Sean B. Kasson, third-year law student, Grand Forks, N.D., for plaintiff and appellee; submitted on brief.

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

PER CURIAM.

[¶ 1] James Michael Everett appeals from an order revoking his probation and resentencing him to five year's incarceration with one year suspended. On appeal, Everett argues the trial court abused its discretion by revoking his probation. He argues the trial court should have made findings that incarceration was necessary under ABA Standards Relating to Probation, § 5.1(a). Everett is requesting this...

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