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2023 ND 174

State v. Entzel

North Dakota Supreme Court

Decided September 28, 2023

North Dakota Supreme Court · decided 2023-09-28

A criminal judgment entered after a jury conviction of conspiracy to commit murder is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Relies on State v. Noble

Decided 2023-09-28

                                                                                    FILED
                                                                            IN THE OFFICE OF THE
                                                                         CLERK OF SUPREME COURT
                                                                             SEPTEMBER 28, 2023
                                                                          STATE OF NORTH DAKOTA




                  IN THE SUPREME COURT
                  STATE OF NORTH DAKOTA

                                 
2023 ND 174

State of North Dakota,                                   Plaintiff and Appellee
      v.
Nikki Sue Melissa Entzel,                             Defendant and Appellant



                                 No. 20230078

Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable Douglas A. Bahr, Judge.

AFFIRMED.

Per Curiam.

Julie A. Lawyer, State’s Attorney, Bismarck, N.D., for plaintiff and appellee.

Samuel A. Gereszek, Grand Forks, N.D., for defendant and appellant.
                               State v. Entzel
                                No. 20230078

Per Curiam.

[¶1] Nikki Sue Entzel appeals from a criminal judgment entered after a jury
convicted her of conspiracy to commit murder. She argues insufficient evidence
supports the conviction because her coconspirator did not testify regarding her
agreement to commit murder. After reviewing the record, we conclude evidence
was presented allowing the jury to draw an inference reasonably tending to
prove guilt and fairly warranting a conviction. See State v. Noble, 
2023 ND 119, ¶ 4
, 
992 N.W.2d 518
 (explaining “this Court merely reviews the record to
determine if there is competent evidence allowing the jury to draw an inference
reasonably tending to prove guilt and fairly warranting a conviction”). We
summarily affirm the judgment under N.D.R.App.P. 35.1(a)(3).

[¶2] Jon J. Jensen, C.J.
     Daniel J. Crothers
     Lisa Fair McEvers
     Jerod E. Tufte
     Stacy J. Louser, D.J.


[¶3] The Honorable Stacy J. Louser, District Judge, sitting in place of Bahr,
J., disqualified.




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