Opinion
No. 20120286.
2012-12-18
STATE of North Dakota, Plaintiff and Appellee v. Patrick Wayne WOLFGRAM, Defendant and Appellant.
Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge. Ronald W. McBeth, Assistant State's Attorney, Law Enforcement Center, Wahpeton, ND, for plaintiff and appellee; on brief. Don R. Krassin, Wahpeton, ND, for defendant and appellant; on brief.
Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge.
Ronald W. McBeth, Assistant State's Attorney, Law Enforcement Center, Wahpeton, ND, for plaintiff and appellee; on brief. Don R. Krassin, Wahpeton, ND, for defendant and appellant; on brief.
PER CURIAM.
[¶ 1] Patrick Wolfgram appeals a trial court judgment sentencing him to twenty years in prison with five years suspended for five years after pleading guilty in an open plea to attempted murder. On appeal, he argues the sentence was cruel and unusual and grossly disproportionate to the offense. We summarily affirm under N .D.R.App.P. 35.1(a)(4) and (7); see State v. Gomez, 2011 ND 29, ¶ 28, 793 N.W.2d 451 (sentence within statutory sentencing range is neither cruel and unusual nor disproportionate to the offense).