State v. Tuchscherer

State v. Tuchscherer, 1999 ND 209, 606 N.W.2d 137

[Go to Documents]Filed Dec. 1, 1999[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA

1999 ND 209

State of North Dakota, Plaintiff and Appellee
v.
Christopher Tuchscherer, Defendant and Appellant

No. 990099

Appeal from the District Court of Pierce County, Northeast Judicial District, the Honorable John C. McClintock, Jr., Judge.
AFFIRMED.
Per Curiam.
Thomas K. Schoppert of Schoppert Law Firm, Northland Professional Bldg., 600 22nd Avenue NW, Minot, N.D. 58703, for defendant and appellant.
Galen J. Mack, State's Attorney, P.O. Box 196, Rugby, N.D. 58368, for plaintiff and appellee.

State v. Tuchscherer
No. 990099

Per Curiam.

[¶1] Christopher Tuchscherer appeals from a judgment of conviction for theft of property. N.D.C.C. § 12.1-23-05(2)(a). Tuchscherer argues there was insufficient evidence to sustain a conviction, the pattern "reasonable doubt" jury instruction violates due process by shifting the burden of proof to the defendant, the $500 jurisdictional amount under N.D.C.C. § 12.1-23-05(2)(a) was not met, and a mistrial should have been granted when the State allegedly "vouched" for the adequacy of law enforcement's investigation.

[¶2] We affirm under Rule 35.1(a)(1), (3), and (4), N.D.R.App.P.

[¶3] Gerald W. VandeWalle, C.J.
William A. Neumann
Mary Muehlen Maring
Dale V. Sandstrom
Carol Ronning Kapsner