State v. Johnson

¶1Filed 10/22/13 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72013 ND 181

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¶11State of North Dakota, Plaintiff and Appellee

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¶13v.

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¶15James Duane Johnson, Defendant and Appellant

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¶19No. 20130144

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¶23Appeal from the District Court of Ransom County, Southeast Judicial District, the Honorable John T. Paulson, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Fallon M. Kelly, State’s Attorney, P.O. Box 391, Lisbon, N.D. 58054-0391, for plaintiff and appellee; submitted on brief.

¶30

¶31Erin M. Conroy, P.O. Box 137, Bottineau, N.D. 58318, for defendant and appellant; submitted on brief.

¶32State v. Johnson

¶33No. 20130144

¶34

¶35Per Curiam.

¶36[¶1] James Duane Johnson appealed from a criminal judgment entered after a jury found him guilty of gross sexual imposition.  Johnson claims there was insufficient evidence to support the conviction because the complainant’s testimony was inconsistent and contradictory and no rational jury could find him guilty.  Viewing the conflicting evidence in the light most favorable to the jury verdict, we conclude there was sufficient evidence to convict Johnson, and we affirm the judgment under N.D.R.App.P. 35.1(a)(3).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Dale V. Sandstrom

¶39Daniel J. Crothers

¶40Mary Muehlen Maring

¶41Carol Ronning Kapsner