State v. Herbel

¶1Filed 4/17/08 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72008 ND 63

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¶11State of North Dakota, Plaintiff and Appellee

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¶13v.

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¶15Bobi Jo Herbel, Defendant and Appellant

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¶19No. 20070344

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¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Robert O. Wefald, 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.

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¶31Justin D. Roness, 721 Memorial Highway, P.O. Box 4252, Bismarck, N.D. 58502-4252, for defendant and appellant.

¶32State v. Herbel

¶33No. 20070344

¶34

¶35Per Curiam.

¶36[¶1] Bobi Jo Herbel appeals the judgment of the district court entered after she conditionally pled guilty to possession of marijuana by an operator of a motor vehicle, reserving the right to appeal the district court’s refusal to suppress evidence in her case.  Herbel argues law enforcement lacked reasonable and articulable suspicion to stop the vehicle she was driving.  We summarily affirm under N.D.R.App.P. 35.1(a)(3), concluding there was reasonable and articulable suspicion to stop the vehicle.

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Dale V. Sandstrom

¶39Daniel J. Crothers

¶40Mary Muehlen Maring

¶41Carol Ronning Kapsner

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