State v. Smith

¶1Filed 6/19/13 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72013 ND 91

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¶11State of North Dakota, Plaintiff and Appellee

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¶13v.

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¶15Drew Marvin Smith, Defendant and Appellant

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¶19No. 20120430

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¶23Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Debbie Gordon Kleven, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Andrew C. Eyre (argued), under the Rule on Limited Practice of Law by Law Students, and Carmell F. Mattison (appeared), Assistant State’s Attorney, 124 S. 4th Street, P.O. Box 5607, Grand Forks, ND 58206-5607, for plaintiff and appellee.

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¶31David N. Ogren, Grand Forks Public Defender Office, 405 Bruce Avenue, Suite 101, Grand Forks, ND 58201, for defendant and appellant.

¶32State v. Smith

¶33No. 20120430

¶34

¶35Per Curiam.

¶36[¶1] Drew Smith appeals from a criminal judgment after a jury found him guilty of attempted robbery, terrorizing, and simple assault.  On appeal, he argues the trial evidence was insufficient to support his attempted robbery conviction.  We summarily affirm under N.D.R.App.P. 35.1(a)(3).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Carol Ronning Kapsner

¶39Mary Muehlen Maring

¶40Daniel J. Crothers

¶41Dale V. Sandstrom