State v. Seidel

2018 ND 215, 917 N.W.2d 514

Opinion

Per Curiam.

[¶ 1] Pamela Marie Seidel appeals from a criminal judgment sentencing her to the maximum period of incarceration (30 days) and 360 days of unsupervised probation. As a condition of probation, Seidel was ordered to participate in North Dakota's 24/7 Sobriety Program ("24/7 Program") after her plea of guilty to driving under the influence. On appeal, Seidel argues that because she had already served the maximum period of incarceration for a class B misdemeanor, it was improper to place her on probation and order her participation in the 24/7 Program. Although not argued to the district court, Seidel asserts her placement in the 24/7 Program unconstitutionally restricts her right to travel under both the United States Constitution and the North Dakota Constitution. We summarily affirm under N.D.R.App.P. 35.1(a)(7). See State v. McClean , 1998 ND 21 , ¶ 8, 575 N.W.2d 200 ("The Legislature did not restrict a trial court from imposing both a maximum probation sentence and a maximum imprisonment sentence for misdemeanors."); see also State v. Kieper, 2008 ND 65 , ¶ 16, 747 N.W.2d 497 (constitutional issues will not be considered for the first time on appeal).

[¶ 2] Gerald W. VandeWalle, C.J.

Jon J. Jensen

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte