City of Mandan v. Cordova

Filed Dec. 14, 2004
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2004 ND 220

City of Mandan, Plaintiff and Appellee
v.
Paul J. Cordova, Defendant and Appellant

No. 20040147

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.
AFFIRMED.
Per Curiam.
Kent M. Morrow (submitted on brief), 411 N. 4th Street, P.O. Box 2155, Bismarck, N.D. 58502-2155, for defendant and appellant.
Michelle Ilene Hagel (submitted on brief), Assistant State's Attorney, 210 2nd Avenue NW, Mandan, N.D. 58554, for plaintiff and appellee.

City of Mandan v. Cordova
No. 20040147

Per Curiam.

[¶1] Paul J. Cordova appeals from a district court judgment, dated June 9, 2004, affirming a prior municipal court judgment, dated March 17, 2004, finding him guilty of indecent conduct. Cordova argues the district court committed reversible error both when it determined the Mandan Community Center is a public place and when it determined the area where he was witnessed nude is not a changing room or similar facility designated for his sex. We conclude the judgment is supported by substantial evidence. We summarily affirm under N.D.R.App.P. 35.1(a)(3).

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