State v. Eggleston

                   IN THE SUPREME COURT
                   STATE OF NORTH DAKOTA

                                  

State of North Dakota,                                    Plaintiff and Appellee
      v.
Alex Kenny Eggleston,                                  Defendant and Appellant



                                 No. 20250291

Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable James S. Hill, Judge.

AFFIRMED.

Per Curiam.

Gabrielle J. Goter, Senior Assistant State’s Attorney, and Shaun H. Peterson,
Assistant State’s Attorney, Bismarck, N.D., for plaintiff and appellee; on brief.

Kiara C. Kraus-Parr, Grand Forks, N.D., for defendant and appellant; on brief.
                                State v. Eggleston
                                  No. 20250291

Per Curiam.

[¶1] Alex Kenny Eggleston appeals from a criminal judgment entered after a
jury found him guilty of simple assault on a correctional officer under N.D.C.C.
§ 12.1-17-01(1)(a). He argues the district court committed obvious error by failing
to instruct the jury that it must unanimously agree on the specific act that caused
bodily injury to the victim. He also argues the prosecution presented insufficient
evidence to support his conviction.

[¶2] At trial, after closing arguments but before the instructions were given to
the jury, the district court asked defense counsel whether he had any objections:

      THE COURT: And Mr. Kelsch . . . any objections or exceptions to the
      closing instructions?
      MR. KELSCH: No, Your Honor.

Eggleston waived his claim of error in the jury instructions. State v. Vervalen, 

, 

. Obvious error review does not apply to waived
errors. 

 “A defendant challenging the sufficiency of the evidence on appeal
must show that the evidence, when viewed in the light most favorable to the
verdict, reveals no reasonable inference of guilt.” State v. Mohammed, 

, 

. We conclude from our review of the record that there
was sufficient evidence to support the guilty verdict. We summarily affirm
under N.D.R.App.P. 35.1(a)(3) and (7).

[¶3] Lisa Fair McEvers, C.J.
     Jerod E. Tufte
     Jon J. Jensen
     Douglas A. Bahr
     Donovan J. Foughty, S.J.


[¶4] The Honorable Donovan J. Foughty, Surrogate Judge, sitting in place of
Crothers, J., disqualified.


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