State v. Garten

[Go to Documents]Filed Feb. 23, 2006[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2006 ND 38

State of North Dakota, Plaintiff and Appellee
v.
Jeffrey Max Garten, Sr., Defendant and Appellant

No. 20050208

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven E. McCullough, Judge.
AFFIRMED.
Per Curiam.
Gary E. Euren, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for plaintiff and appellee.
Monty G. Mertz, The Professional Building, 100 S. 4th St., Suite 412, Fargo, N.D. 58103, for defendant and appellant.

State v. Garten
No. 20050208

Per Curiam.

[¶1] Jeffrey Max Garten, Sr., appeals from a criminal judgment and commitment entered after a jury convicted him of theft and possession of a controlled substance with intent to deliver. He argues the district court erred when it did not suppress evidence seized when police executed a search warrant of his residence, denied his motion to sever the two charges against him, and denied his request for a new trial. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (4).

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