North Dakota Supreme Court

State v. Miller

November 5, 20252025 ND 188

Summary

The court upheld the revocation of Miller’s probation and the resulting incarceration because his admitted violations were supported by the record and the district court acted within its discretion without needing separate findings rejecting alternative sanctions. It held that the amended judgment in CR110 imposed an illegal sentence on Count 2 because the court had not orally pronounced any sentence for that count at the revocation hearing, and it remanded for resentencing. It declined to consider Miller’s challenge to the CR003 sentence because that challenge was an impermissible collateral attack on an unappealed conviction.