City of Valley City v. Stuart

City of Valley City v. Stuart, 1999 ND 210, 606 N.W.2d 137

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

1999 ND 210

City of Valley City, Plaintiff and Appellee
v.
Ronald Eugene Stuart, Defendant and Appellant

No. 990168

Appeal from the District Court of Barnes County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge.
AFFIRMED.
Per Curiam.
Ronald Eugene Stuart, pro se, 746 East Main, Valley City, N.D. 58072-3435, defendant and appellant.
Bradley Allen Cruff, Assistant City Attorney, P.O. Box 330, Valley City, N.D. 58072-0330, plaintiff and appellee; submitted on brief.

City of Valley City v. Stuart
No. 990168

Per Curiam.

[¶1] Ronald E. Stuart appeals from a conviction for driving without a license in violation of Revised Valley City Ordinance § 14-9.2. Stuart argues the trial court erroneously refused to dismiss the charges against him based on his constitutional right to operate a motor vehicle on the roads of North Dakota without a valid driver's license. We have previously addressed and rejected this identical argument. City of Bismarck v. Stuart, 546 N.W.2d 366 (N.D. 1996); State v. Stuart, 544 N.W.2d 158 (N.D. 1996); State v. Kouba, 319 N.W.2d 161, 163 (N.D. 1982). Stuart also argues four errors that occurred during the transcription of the trial denied him due process. The alleged errors were minor and immaterial to the disposition of this appeal. We summarily affirm the trial court's judgment under Rule 35.1 (a)(7), N.D.R.App.P.

[¶2] Applying Rule 13, N.D.R.App.P., we impose a sanction of $150.00 against Stuart for including materials in the appendix of his brief that were not in the trial court record, a violation of Rule 30(a), N.D.R.App.P.   See Community National Bank of Grand Forks v. Husain, et al., 1999 ND 201, ¶¶ 13-14.

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