State v. Guthmiller

State v. Guthmiller, 2002 ND 156, 655 N.W.2d 84

Filed Oct. 15, 2002
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2002 ND 156

State of North Dakota, Plaintiff and Appellee
v.
Dennis Guthmiller, Defendant and Appellant

No. 20020088

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.
AFFIRMED.
Per Curiam. Ladd R. Erickson, Assistant State's Attorney, 210 2nd
Avenue NW, Mandan, ND 58554, for plaintiff and appellee. Submitted on brief. Robert W. Martin, P.O. Box 5518, Bismarck, ND 58502-5518, for defendant and appellant. Submitted on brief.

State v. Guthmiller
No. 20020088

Per Curiam.

[¶1] Dennis Guthmiller appealed a trial court order forfeiting his property. We recently affirmed Guthmiller's conviction relating to this forfeiture in State v. Guthmiller, 2002 ND 116, ¶ 1, 646 N.W.2d 724. The State moved under N.D.C.C. §§ 29-31.1-08 and 29-31.1-09 to forfeit the property seized during Guthmiller's arrest. Guthmiller argues the trial court should have used the forfeiture provisions in N.D.C.C. ch. 19-03.1, rather than those in ch. 29-31.1.

[¶2] We summarily affirm the forfeiture order under N.D.R.App.P. 35.1(a)(7). See State v. Koble, 2000 ND 29, 606 N.W.2d 521.

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