State v. Alberts

VandeWalle, Chief Justice.

[¶1] James Alberts Jr. appealed from an amended order revoking his probation and sentencing him to life in prison with the possibility of parole. Alberts argues the district court erred in revoking his probation because he was not on probation and the court had no legal authority to act. We affirm the order.

I

[¶2] In 2008, Alberts pled guilty to murder under N.D.C.C. § 12.1-16-01, a class AA felony. The district court sentenced Alberts to 20 years in prison with the balance suspended for five years after he served seven years. The court ordered Alberts to serve the…