State v. Rutherford

¶1Filed 6/29/06 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72006 ND 129

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¶11State of North Dakota, Plaintiff and Appellee

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¶13v.

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¶15Robert Rutherford, Defendant and Appellant

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¶19No. 20050374

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¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Brandi Sasse Russell, Assistant State’s Attorney, Courthouse, 514 East Thayer Avenue, Bismarck, N.D. 58501-4413, for plaintiff and appellee; submitted on brief.

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¶31Wayne D. Goter, 723 Memorial Highway, P.O. Box 1552, Bismarck, N.D. 58502-1552, for defendant and appellant; submitted on brief.

¶32

¶33State v. Rutherford

¶34No. 20050374

¶35

¶36Per Curiam.

¶37[¶1] Robert Rutherford appeals from his criminal judgment entered after a jury found him guilty of burglary and assault.  He argues the State did not present sufficient evidence to convict him of burglary and assault.  Concluding there was sufficient evidence to support the convictions, we summarily affirm under N.D.R.App.P. 35.1(a)(3).

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Dale V. Sandstrom

¶40Daniel J. Crothers

¶41Mary Muehlen Maring

¶42Carol Ronning Kapsner