City of Minot v. Hellebust

[Go to Documents]Filed May 11, 2006[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2006 ND 91

City of Minot, Plaintiff and Appellee
v.
Robert Gene Hellebust, Defendant and Appellant

No. 20050372

Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Gary H. Lee, Judge.
AFFIRMED.
Per Curiam.
Paul M. Probst, Probst Law Firm, Northland Professional Bldg., 600 22nd Avenue NW, Minot, N.D. 58703-0986, for defendant and appellant; on brief.
Mark A. Flagstad, Assistant State's Attorney, 315 3rd Street SE, Minot, N.D. 58701-3998, for plaintiff and appellee; on brief.

City of Minot v. Hellebust
No. 20050372

Per Curiam.

[¶1] Robert Gene Hellebust appeals from a criminal judgment after a jury found him guilty of driving under the influence. Hellebust argues insufficient evidence existed to sustain his conviction and the district court abused its discretion in failing to grant his motion for acquittal.

[¶2] We hold ample evidence existed to support the district court's denial of the motion for acquittal and the conviction. We therefore affirm under N.D.R.App.P. 35.1(a)(3) and (4).

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