State v. Helm

State of North Dakota, Plaintiff and Appellee
v.
Steven Floyd Helm, Defendant and Appellant

No. 20030273

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John Charles Irby, Judge.
AFFIRMED.
Per Curiam.
Trent W. Mahler, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee.
Kerry A. O'Donnell (argued) and Steven D. Mottinger (on brief), 15 9th St. S., Fargo, ND 58103-1830, for defendant and appellant.

State v. Helm
No. 20030273

Per Curiam.

[¶1] Steven Helm appealed from a criminal judgment finding him guilty of two counts of class C felony terrorizing in violation of N.D.C.C. § 12.1-17-04. On appeal, Helm argues there was insufficient evidence to support the conviction. Helm also argues the district court reached an absurd result in its application of N.D.C.C. § 12.1-17-04 and invites this Court to read an imminent threat requirement into the statute. This Court previously addressed the lack of an imminency element in the terrorizing statute in State v. Carlson, 1997 ND 7, 559 N.W.2d 802. We affirm the judgment under N.D.R.App.P. 35.1(a)(3) and (7).

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