State v. Birnbaum

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Court Description: A criminal judgment for assault, violation of an order prohibiting contact, theft of property, and failure to halt is summarily affirmed under N.D.R.App.P. 35.1(a)(3).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2015 ND 263

State of North Dakota, Plaintiff and Appellee
v.
Zachariah David Birnbaum, Defendant and Appellant

No. 20150064

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven E. McCullough, Judge.
AFFIRMED.
Per Curiam.
Leah J. Viste (on brief), Assistant State's Attorney, Cass County Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee.
Mark T. Blumer (on brief), P.O. Box 7340, Fargo, ND 58106, for defendant and appellant.

State v. BirnbaumNo. 20150064

Per Curiam.

[¶1] Zachariah Birnbaum appeals from a criminal judgment entered after a jury found him guilty of assault, violation of an order prohibiting contact, theft of property, and failure to halt. He argues the evidence presented at trial was insufficient to convict him for the crimes of theft of property and refusal to halt. We conclude there was substantial evidence to support the jury's verdict and summarily affirm under N.D.R.App.P. 35.1(a)(3).

[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Dale V. Sandstrom
Daniel J. Crothers
Lisa Fair McEvers

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