20110221 | N.D. | Mar 15, 2012
Filed 3/15/12 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2012 ND 47" date_filed="2012-03-15" court="N.D." case_name="State v. Mendez">2012 ND 47
State of North Dakota, Plaintiff and Appellee
v.
Carlos Mendez Jr., Defendant and Appellant
No. 20110273
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.
AFFIRMED.
Per Curiam.
Jacob T. Rodenbiker, Assistant State’s Attorney, Courthouse, 514 E. Thayer Ave., Bismarck, ND 58501, for plaintiff and appellee. Submitted on brief.
Kent M. Morrow, P.O. Box 2155, Bismarck, ND 58502-2155, for defendant and appellant. Submitted on brief.
State v. Mendez
No. 20110273
Per Curiam.
[¶1] Carlos Mendez Jr. appealed from a district court criminal judgment entered after the district court revoked his probation . On appeal, Mendez argues there is insufficient evidence to support the revocation of his probation. Specifically, Mendez asserts the district court did not take judicial notice of his two criminal convictions, and the allegation that he violated the terms of his probation by using alcohol was not proven by a preponderance of the evidence. We affirm under N.D.R.App.P. 35.1(a)(2) and (4).
[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner