¶1Filed 2/26/13 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11State of North Dakota, Plaintiff and Appellee
¶13v.
¶15Cynthia F. Kusy, Defendant and Appellant
¶19No. 20120377
¶23Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Debbie Gordon Kleven, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Andrew C. Eyre (argued), third-year law student, under the Rule on Limited Practice of Law by Law Students, and Carmell F. Mattison (appeared), Assistant State’s Attorney, P.O. Box 5607, Grand Forks, ND 58206-5607, for plaintiff and appellee.
¶31David N. Ogren, Grand Forks Public Defender Office, 405 Bruce Ave., Ste. 101, Grand Forks, ND 58201, for defendant and appellant.
¶33No. 20120377
¶35Per Curiam.
¶36[¶1] Cynthia Kusy appealed from a criminal judgment entered after a jury found her guilty of one count of luring a minor by computer and two counts of sexual assault. On appeal, she argues the State committed prosecutorial misconduct depriving her of due process of law. We affirm under N.D.R.App.P. 35.1(a)(7); seeState v. Duncan, 2011 ND 85, ¶ 24, 796 N.W.2d 672 (stating “we cannot conclude the comments resulted in an unfair trial depriving [the defendant] of due process of law”).
¶37[¶2] Gerald W. VandeWalle, C.J.
¶38Carol Ronning Kapsner
¶39Mary Muehlen Maring
¶40Daniel J. Crothers
¶41Dale V. Sandstrom