State v. Arth

Case Date: 03/04/2005
Docket No: 20040109

State v. ArthNo. 20040109

Per Curiam.

[¶1] Lawrence Arth appeals the criminal judgment and sentence imposed after a jury found him guilty of violating a domestic violence protection order. The judge reviewed a psychiatric evaluation and pre-sentencing investigation report, determined Arth likely was a threat to his ex-wife's safety, and sentenced him to five years imprisonment with the last two years suspended for five years. Arth appealed, arguing the judge relied on impermissible factors during sentencing.

[¶2] We summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶3]Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom