STATE v. PERALES

No. 20120114.

820 N.W.2d 119 (2012)

2012 ND 158

STATE of North Dakota, Plaintiff and Appellee v. Anthony PERALES, Defendant and Appellant.

Supreme Court of North Dakota.

July 26, 2012.


Attorney(s) appearing for the Case

Fallon M. Kelly , State's Attorney, Lisbon, ND, for plaintiff and appellee.

Don R. Krassin , Wahpeton, ND, for defendant and appellant.


CROTHERS, Justice.

[¶ 1] Anthony Perales appeals an amended criminal judgment revoking his probation and imposing a sentence of fourteen years incarceration followed by five years supervised probation. Perales argues that the sentence was illegal because the district court lacked authority to impose probation and that fourteen years incarceration is cruel and unusual punishment. We reverse and remand for further proceedings.

I

[¶ 2] On...

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