State v. Stibbe

State v. Stibbe, 1999 ND 231, 606 N.W.2d 137

Filed Dec. 22, 1999
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
1999 ND 231

State of North Dakota, Plaintiff and Appellee
v.
Gary Arlen Stibbe, Defendant and Appellant

No. 990202

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Michael O. McGuire, Judge.
AFFIRMED.
Per Curiam.
Mark R. Boening, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for plaintiff and appellee.
Steven D. Mottinger, 921 Second Avenue South, Fargo, N.D. 58103, for defendant and appellant.

State v. Stibbe
No. 990202

Per Curiam.

[¶1] Gary Arlen Stibbe appeals from a criminal judgment and commitment and jury verdict finding him guilty of theft. On appeal, Stibbe claims the district court erred in denying his motion for judgment of acquittal, and he claims there was insufficient evidence to support the jury's verdict. The record supports the jury's finding Stibbe knowingly took or exercised unauthorized control over, or made an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof. See N.D.C.C. § 12.1-23-02(1).

[¶2] The judgment and conviction are affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

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