Clifford v. State

¶1Filed 4/30/09 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72009 ND 67

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¶9

¶10

¶11State of North Dakota, Plaintiff and Appellee

¶12

¶13v.

¶14

¶15Lam Bao Tran, Defendant and Appellant

¶16

¶17

¶18

¶19No. 20080240

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¶21

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¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Gary E. Euren, Assistant State’s Attorney, P.O. Box 2806, Fargo, ND 58108-

¶302806, for plaintiff and appellee.  Submitted on brief.

¶31

¶32Brian W. Nelson, 111 South 9th Street, Fargo, ND 58103-1831, for defendant and appellant.  Submitted on brief.

¶33State v. Tran

¶34No. 20080240

¶35

¶36Per Curiam.

¶37[¶1] Lam Bao Tran appealed from a criminal judgment entered subsequent to a conditional guilty plea to possession of marijuana with intent to deliver and possession of ecstasy.  On appeal, Tran argued the district court erred when it denied his motion to suppress evidence because there was not sufficient evidence to support a finding of probable cause for a search warrant.  We affirm under N.D.R.App.P. 35.1(a)(2).

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Carol Ronning Kapsner

¶40Mary Muehlen Maring

¶41Daniel J. Crothers

¶42Dale V. Sandstrom