State v. DuBray

Irwin, Judge.

INTRODUCTION

Heather DuBray appeals her sentence of not less than 4 nor more than 4 years’ imprisonment, with credit for time served. DuBray was convicted of second degree assault in the district court for Cherry County. On appeal, she claims her sentence was excessive. For the reasons stated below, we affirm.

FACTUAL BACKGROUND

On the evening of October 14, 1995, DuBray and three male friends had been drinking most of the night, and when the bar closed, they went to a Gas ’N Shop to purchase more beer. The clerk on duty advised them that it was after 1 a.m. and that they could not…