State v. Unger

Case Date: 06/28/1988
Docket No: 870373

State v. UngerCriminal No. 870373

Levine, Justice.

This is an appeal from an order of the district court denying defendant's motion to correct his sentence and denying post-conviction relief. Defendant argues that the court cannot impose a harsher sentence in probation-revocation proceedings than the sentence originally imposed. Defendant further argues that "an increase in sentence" subjects him to double jeopardy. We have decided both issues to the contrary and thus affirm under Rule 35.1(a)(7), NDRAppP; State v. Miller, 418 N.W.2d 614 (N.D.1988); State v. Jones, 418 N.W.2d 782 (N.D.1988).

Beryl J. Levine
Gerald W. VandeWalle
H.F. Gierke III
Herbert L. Meschke
Ralph J. Erickstad, C. J.