State v. Fontaine

State v. Fontaine, 2002 ND 172, 655 N.W.2d 84

Filed Nov. 5, 2002
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2002 ND 172

State of North Dakota, Plaintiff and Appellee
v.
Elwin John Fontaine, Defendant and Appellant

No. 20020135

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable James M. Bekken, Judge.
AFFIRMED.
Per Curiam.
Leo A. Ryan (on brief), Assistant State's Attorney, 511 2nd Avenue SE, Jamestown, ND 58401, for plaintiff and appellee.
William A. Mackenzie (on brief), Mackenzie & Reisnour, 404 2nd Avenue SE, P.O. Box 1836, Jamestown, ND 58402-1836, for defendant and appellant.

State v. Fontaine
No. 20020135

Per Curiam.

[¶1] Elwin John Fontaine appeals from a criminal judgment, entered after a bench trial, finding him guilty of assaulting a correctional officer in violation of N.D.C.C. § 12.1-17-01. Fontaine argues the evidence was insufficient to convict him of the crime because he did not willfully injure the correctional officer. "Our evidentiary standard of review for a criminal bench trial is the same as if the case had been tried to a jury." State v. Treis, 1999 ND 136, ¶ 9, 597 N.W.2d 664. We conclude there was sufficient evidence to uphold the guilty verdict. The evidence, and the reasonable inferences drawn from it, when viewed in the light most favorable to the verdict, warrant the conviction. State v. Rue, 2001 ND 92, ¶ 8, 626 N.W.2d 681. We summarily affirm under N.D.R.App.P. 35.1(a)(3).

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