State v. Schwab

¶1Filed 7/1/15 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72015 ND 161

¶8

¶9

¶10

¶11State of North Dakota, Plaintiff and Appellee

¶12

¶13v.

¶14

¶15Christopher Tylor Schwab, Defendant and Appellant

¶16

¶17

¶18

¶19No. 20140467

¶20

¶21

¶22

¶23Appeal from the District Court of Ransom County, Southeast Judicial District, the Honorable Jerod E. Tufte, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Fallon M. Kelly (argued), State’s Attorney, P.O. Box 391, Lisbon, ND 58054-0391, for plaintiff and appellee.

¶30

¶31Jason R. Butts (on brief) and Amy M. Clark (argued), P.O. Box 38, Wahpeton, ND 58074-0038, defendant and appellant, for defendant and appellant.

¶32State v. Schwab

¶33No. 20140467

¶34

¶35Per Curiam.

¶36[¶1] Christopher Tylor Schwab appeals from a criminal judgment entered after a jury found him guilty of accomplice to gross sexual imposition.  On appeal, Schwab argues 1) insufficient evidence supports the jury’s verdict and 2) the district court abused its discretion by denying his motion for a new trial because the weight of the evidence was against the jury’s verdict.  We conclude sufficient evidence supports the verdict and the district court did not abuse its discretion by finding the weight of the evidence was not against the verdict.  We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(3) and (4).      

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Lisa Fair McEvers

¶39Daniel J. Crothers

¶40Dale V. Sandstrom

¶41Carol Ronning Kapsner