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2019 ND 91

State v. Johnson

North Dakota Supreme Court

Decided April 11, 2019

North Dakota Supreme Court · decided 2019-04-11

Criminal judgment finding defendant guilty of unlawful possession of a controlled substance in violation of N.D.C.C. § 19-03.1-23 and unlawful possession of drug paraphernalia in violation of N.D.C.C. § 19-03.4-03 is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Relies on State v. Asbach

Decided 2019-04-11

Per Curiam.

¶1 [¶1] Lucas Michael Johnson appeals from a criminal judgment entered after he conditionally pleaded guilty to unlawful possession of a controlled substance and unlawful possession of drug paraphernalia. Johnson argues the district court erred by denying his motion to suppress evidence obtained during a search unsupported by reasonable and articulable suspicion. We conclude there is sufficient competent evidence supporting the district court's finding of a traffic violation constituting reasonable and articulable suspicion for the stop. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2) and (7). See State v. Asbach , 2015 ND 280 , ¶¶ 11-14, 871 N.W.2d 820 .

¶2 [¶2] Gerald W. VandeWalle, C.J.

¶3 Lisa Fair McEvers

¶4 Daniel J. Crothers

¶5 Jerod E. Tufte

¶6 Jon J. Jensen

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