Summary
In Evanson, this Court reiterated that when a defendant does not object at sentencing to the introduction of prior convictions, and the prior convictions are not relied upon to enhance a term of incarceration, the appropriate standard of the review is obvious error.
Summary of this case from State v. AuneOpinion
No. 20190207
01-23-2020
Sharon BEHM, Plaintiff and Appellee v. Dennis BEHM, Defendant and Appellant
Scott R. Sandness, Jamestown, N.D., for plaintiff and appellee; submitted on brief. Dennis Behm, self-represented, Medina, N.D., defendant and appellant; submitted on brief.
Scott R. Sandness, Jamestown, N.D., for plaintiff and appellee; submitted on brief.
Dennis Behm, self-represented, Medina, N.D., defendant and appellant; submitted on brief.
Per Curiam. [¶1] Dennis Behm appeals from a divorce judgment granting Sharon Behm a divorce from him and distributing their marital property. He argues the property distribution is clearly erroneous. We conclude the evidence supports the district court’s findings, the disparity in the property division was adequately explained, and the court’s decision is not clearly erroneous. We summarily affirm under N.D.R.App.P. 35.1(a)(2). See Innis-Smith v. Smith , 2018 ND 34, ¶ 7, 905 N.W.2d 914 (stating this Court does not reweigh evidence, reassess credibility, or substitute our judgment for the district court’s decision).
[¶2] Jon J. Jensen, C.J.
Jerod E. Tufte
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers