State v. McAvoy

SANDSTROM, Justice.

[¶ 1] Roger McAvoy appeals a district court order and second amended criminal judgment revoking his probation and re-sentencing him to be committed to the custody of the North Dakota Department of Corrections for five years, with credit for time served. We affirm, concluding the district court’s finding that McAvoy violated the terms of his probation was not clearly erroneous and the district court did not abuse its discretion in ordering him incarcerated.

I

[¶ 2] On December 10, 2007, McAvoy pled guilty to the charge of failure to register as a sex offender, a class C…