State v. Feigert

State v. Feigert, 1997 ND 216, 575 N.W.2d 224

Filed Dec. 2, 1997
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
1997 ND 216State of North Dakota, Plaintiff and Appellee
v.
Darrell J. Feigert, Defendant and Appellant

Criminal No. 970199

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Ralph R. Erickson, Judge.
AFFIRMED.
Per Curiam.
Christopher C. Myers, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee.
Gordon A. Dexheimer, P.O. Box 342, Fargo, ND 58107, for defendant and appellant.

State v. FeigertCriminal No. 970199 Per Curiam.

[¶1] Darrell J. Feigert appealed from a Criminal Judgment and Commitment issued following a jury verdict of guilt for the crime of issuing a check without account, a class C felony, in violation of N.D.C.C. § 6-08-16.2. Feigert argues ineffective assistance of counsel. We ordinarily will not consider an argument of ineffective assistance of counsel on direct appeal and do not do so here. State v. Antoine, 1997 ND 100, ¶9, 564 N.W.2d 637 (stating repeatedly a claim of ineffective assistance of counsel should not be brought on direct appeal).

[¶2] Feigert also argues the introduction of his prior conviction, an element of the crime charged, was obvious error even though Feigert failed to object. Feigert further argues the court committed obvious error when it read the information to the jury pool and did not read it again to the impaneled and sworn jury even though Feigert waived the reading of the information when asked by the court. See N.D.C.C. § 29-21-01, 02.

[¶3] We summarily affirm the Criminal Judgment under Rule 35.1, N.D. R. App. P.
[¶4]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Herbert L. Meschke