State v. Benson

¶1Filed 3/11/14 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72014 ND 43

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¶11State of North Dakota, Plaintiff and Appellee

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¶13v.

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¶15Barry Lee Benson, Defendant and Appellant

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¶19No. 20130179

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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, Assistant State’s Attorney, 616 Main Street, Bottineau, ND 58318-1395, for plaintiff and appellee.

¶30

¶31Ryan J. Thompson, Rolette County State’s Attorney, P.O. Box 1079, Rolla, ND 58367, for defendant and appellant.

¶32State v. Benson

¶33No. 20130179

¶34

¶35Per Curiam.

¶36[¶1] Barry Lee Benson appeals from a district court judgment entered following a jury trial in which Benson was found guilty of continuous sexual abuse of a child. Benson argues the district court erred in denying Benson’s motions for acquittal due to insufficient evidence and abused its discretion in allowing the State to present the testimony of a witness over Benson’s objection.  We summarily affirm the district court judgment under N.D.R.App.P. 35.1(a)(3) and (4).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Carol Ronning Kapsner

¶39Lisa Fair McEvers

¶40Daniel J. Crothers

¶41Dale V. Sandstrom

¶42