State v. Kippen

¶1Filed 12/19/13 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72013 ND 230

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¶11State of North Dakota, Plaintiff and Appellee

¶12

¶13v.

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¶15Kevin Leonard Kippen, Defendant and Appellant

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¶17

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¶19Nos. 20130239 & 20130263

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¶23Appeal from the District Court of Bottineau County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Anthony S. Benson, State’s Attorney, 616 Main Street, Bottineau, ND 58318-

¶301395, for plaintiff and appellee; submitted on brief.

¶31

¶32Kelsey L. Gentzkow, 405 Bruce Avenue, Suite 100, Grand Forks, ND 58201, for defendant and appellant.

¶33State v. Kippen

¶34Nos. 20130239 & 20130263

¶35

¶36Per Curiam.

¶37[¶1] Kevin Leonard Kippen appeals from criminal judgments following a jury verdict finding him guilty of driving under the influence of alcohol, under N.D.C.C. § 39-08-01, and driving while his license was suspended, under N.D.C.C. § 39-06-42.  On appeal, Kippen argues there was insufficient evidence to sustain the verdict, because the State did not prove Kippen drove or operated the vehicle.  We summarily affirm the district court’s criminal judgments under N.D.R.App.P. 35.1(a)(3).

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Carol Ronning Kapsner

¶40Mary Muehlen Maring

¶41Daniel J. Crothers

¶42Dale V. Sandstrom

¶43