[Go to Documents] | Filed Dec. 7, 2000 | [Download as WordPerfect] |
State of North Dakota, Plaintiff and Appellee
v.
Kenna Wilson, a/k/a Kenny Wilson, Defendant and Appellant
No. 20000101
Appeal from the District Court of Griggs County, Southeast Judicial District, the Honorable John E. Greenwood, Judge.
AFFIRMED.
Per Curiam.
Marina Spahr (submitted on brief), State's Attorney, P.O. Box 271, Cooperstown, N.D. 58425-0271, for plaintiff and appellee.
James W. Wold, 11943 County Rd. 26, Luverne, N.D. 58056, for defendant and appellant.
State v. Wilson
Per Curiam.
[¶1] Kenna Wilson appealed from an amended judgment of conviction for the crime of accomplice to assault in violation of N.D.C.C. §§ 12.1-03-01 and 12.1-17-01.1. Wilson argues the evidence is insufficient to sustain the conviction. Our evidentiary standard of review for a criminal bench trial is the same as if the case had been tried to a jury. State v. Treis, 1999 ND 136, ¶ 9, 597 N.W.2d 664. We affirm under N.D.R.App.P. 35.1(a)(3). Wilson also seeks reversal, claiming probable cause did not exist to charge him with the crime because a law enforcement officer gave an allegedly false statement in an affidavit accompanying the criminal complaint. See, e.g., Gerstein v. Pugh, 420 U.S. 103, 119 (1975) (holding an illegal arrest or detention does not void a subsequent conviction); State v. Biby, 366 N.W.2d 460, 462 (N.D. 1985) (same). We affirm under N.D.R.App.P. 35.1(a)(7).
| [¶2] | Gerald W. VandeWalle, C.J. Mary Muehlen Maring William A. Neumann Dale V. Sandstrom Carol Ronning Kapsner |