State of North Dakota, Plaintiff and Appellee
v.
Daniel Wayne Powell, Defendant and Appellant
No. 20230107
Appeal from the District Court of Cass County, East Central Judicial District,
the Honorable Reid A. Brady, Judge.
AFFIRMED.
Per Curiam.
Derek K. Steiner, Assistant State’s Attorney, Fargo, N.D., for plaintiff and
appellee; submitted on brief.
Laura C. Ringsak, Bismarck, N.D., for defendant and appellant; submitted on
brief.
State v. Powell
No. 20230107
Per Curiam.
[¶1] Daniel Wayne Powell appeals from an amended criminal judgment
entered on a conditional plea of guilty, reserving the right to appeal a district
court order denying his motion to suppress evidence. Powell argues the district
court erred by denying his motion to suppress evidence because the application
for search warrant contained false or misleading information. He also argues
the application lacked corroborating evidence of the confidential source, and
lacked sufficient detail on the canine’s alert. The district court found the
application for search warrant did not contain statements that were knowingly
or intentionally false or made with reckless disregard for the truth. We
summarily affirm under N.D.R.App.P. 35.1(a)(2).
[¶2] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
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