State v. Clemens , 2021 ND 176 ( 2021 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
OCTOBER 14, 2021
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2021 ND 176State of North Dakota, Plaintiff and Appellee
v.
Brenda Lee Clemens, Defendant and Appellant
No. 20210136
Appeal from the District Court of Sargent County, Southeast Judicial District,
the Honorable Mark T. Blumer, Judge.
AFFIRMED.
Per Curiam.
Jayne Pfau, State’s Attorney, Forman, ND, for plaintiff and appellee.
Benjamin C. Pulkrabek, Mandan, ND, for defendant and appellant.
State v. Clemens
No. 20210136
Per Curiam.
[¶1] Brenda Lee Clemens appeals from an amended criminal judgment
entered after she pled guilty to theft. Clemens argues the district court erred
in awarding the restitution amount. We conclude the district court acted
within statutory limits. State v. Harstad, 2020 ND 151, ¶ 7, 945 N.W.2d 265(“When reviewing a restitution order, we look to whether the district court
acted within the limits set by statute, which is a standard similar to our abuse
of discretion standard.”). We affirm under N.D.R.App.P. 35.1(a)(2).
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1