State v. Fee

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

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72013 ND 232

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¶11State of North Dakota, Plaintiff and Appellee

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¶13v.

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¶15Andrew Fee, Defendant and Appellant

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¶19No. 20130175

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¶24State of North Dakota, Plaintiff and Appellee

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¶26v.

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¶28Michael Fee, Defendant and Appellant

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¶32No. 20130177

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¶36Appeal from the District Court of McLean County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

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¶38AFFIRMED.

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¶40Per Curiam.

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¶42Ladd Erickson, State’s Attorney, P.O. Box 1108, Washburn, ND 58577-1108, for plaintiff and appellee; submitted on brief.

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¶44Andrew Fee, self-represented, 2521 Circle Drive, Jamestown, ND 58401, defendant and appellant; submitted on brief.

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¶46Michael Fee, self-represented, 2521 Circle Drive, Jamestown, ND 58401, defendant and appellant; submitted on brief.

¶47State v. Fee

¶48Nos. 20130175 & 20130177

¶49

¶50Per Curiam.

¶51[¶1] In consolidated appeals, brothers Andrew and Michael Fee appealed from a district court judgment forfeiting $4,349 in currency, a Desert Eagle handgun, and other miscellaneous property seized by law enforcement.  The Fee brothers argue the court erroneously found reasonable grounds existed that the property was connected with criminal activity.   “ A trial court’s decision on whether an item of property is forfeitable is a finding of fact that will not be overturned unless it is clearly erroneous.”   State v. Bergstrom , 2006 ND 45, ¶ 10, 710 N.W.2d 407.  We summarily affirm under N.D.R.App.P. 35.1(a)(2).

¶52[¶2] Gerald W. VandeWalle, C.J.

¶53Carol Ronning Kapsner

¶54Mary Muehlen Maring

¶55Daniel J. Crothers

¶56Dale V. Sandstrom