State v. Gress

[Go to Documents]Filed Feb. 21, 2008[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2008 ND 20

State of North Dakota, Plaintiff and Appellee
v.
Michael Ray Gress, Defendant and Appellant

No. 20070298

Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Allan L. Schmalenberger, Judge.
AFFIRMED.
Per Curiam.
James Allen Hope, Assistant State's Attorney, P.O. Box 130, Dickinson, ND 58602-0130, for plaintiff and appellee; submitted on brief.
Kent M. Morrow, 411 North 4th Street, P.O. Box 2155, Bismarck, ND 58502-2155, for defendant and appellant; submitted on brief.

State v. Gress
No. 20070298

Per Curiam.

[¶1] Michael Gress appeals the district court's judgment entered after a jury found him guilty of criminal attempt to steal a vehicle under N.D.C.C. §§ 12.1-06-01 and 12.1-23-02. Gress argues the district court erred in refusing to dismiss a juror, and he claims the evidence was insufficient to support the verdict.

[¶2] The district court's judgment is affirmed 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