
    STATE of North Dakota, Plaintiff and Appellee v. Robert William RUTHERFORD, Defendant and Appellant
    No. 20170370
    Supreme Court of North Dakota.
    Filed April 10, 2018
    James A. Hope, Assistant State's Attorney, Dickinson, ND, for plaintiff and appellee; submitted on brief.
    Kiara C. Kraus-Parr, Grand Forks, ND, for defendant and appellant.
   Per Curiam.

[¶ 1] Robert William Rutherford appeals from a criminal judgment ordering restitution after Rutherford pled guilty to conspiracy to commit criminal mischief. Rutherford argues the district court abused its discretion by determining he had the ability to pay the restitution ordered. We summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶ 2] Gerald W. VandeWalle, C.J.

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte

Jon J. Jensen  