City of Fargo v. Doty

City of Fargo v. Doty, 2000 ND 176, 622 N.W.2d 432

Filed Oct. 3, 2000
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2000 ND 176

City of Fargo, Plaintiff and Appellee
v.
Jason Curtis Doty, Defendant and Appellant

No. 20000020

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Cynthia A. Rothe-Seeger, Judge.
AFFIRMED.
Per Curiam.
Timothy M. O'Keeffe, City Prosecutor, 1129 Fifth Avenue South, P.O. Box 1897, Fargo, N.D. 58107-1897, for plaintiff and appellee.
Jonathan T. Garaas, Garaas Law Firm, DeMores Office Park, 1314 23rd Street South, Fargo, N.D. 58103-3796, for defendant and appellant.

City of Fargo v. Doty
No. 20000020

Per Curiam.

[¶1] Jason Curtis Doty appeals from a criminal judgment of the East Central Judicial District Court following a jury verdict finding him guilty of the charge of reckless driving. The criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3), (4), and (7). See State v. Zurmiller, 544 N.W.2d 139, 141 (N.D. 1996) (evidence and all inferences are viewed in the light most favorable to the verdict); State v. Austin, 520 N.W.2d 564, 570 (N.D. 1994) (we will reverse a criminal conviction only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt); State v. Schlickenmayer, 334 N.W.2d 196, 200 (N.D. 1983) (allowing a jury to view the scene of an incident is within the sound discretion of the trial court); City of Mandan v. Willman, 439 N.W.2d 92, 94 (N.D. 1989) (courts can refuse to give jury instructions that are inapplicable or irrelevant); State v. Hafner, 1998 ND 220, ¶ 18, 587 N.W.2d 177 (jury instructions are designed to inform the jury of the law and must not mislead); State v. Kreiger, 138 N.W.2d 597, 601 (N.D. 1965) (objections to a complaint must be made prior to proceeding to trial or those objections are waived); City of Bismarck v. Schoppert, 450 N.W.2d 757, 758 (N.D. 1990) (an ordinance does not conflict with state law unless the ordinance attempts to prohibit conduct different from that prohibited by state law); Sampson v. State, 506 N.W.2d 722, 728-29 (N.D. 1993) (outlining the necessary elements to prove prosecutorial misconduct).

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