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State of North Dakota v. Michael Jay Tresenriter

November 27, 2012

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
MICHAEL JAY TRESENRITER,
DEFENDANT AND APPELLANT STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
MICHAEL J. TRESENRITER,
DEFENDANT AND APPELLANT



Appeal from the District Court of Wells County, Southeast Judicial District, the Honorable James D. Hovey, Judge.

The opinion of the court was delivered by: VandeWalle, Chief Justice.

N.D. Supreme CourtState v. Tresenriter, 2012 ND 240

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Opinion of the Court by VandeWalle, Chief Justice.

State v. TresenriterNos. 20120026-20120049 & 20120057

[¶1] Michael Tresenriter appealed from criminal judgments entered upon a jury verdict finding him guilty of 22 counts of conspiracy to manufacture methamphetamine, two counts of unlawful possession of drug paraphernalia, two counts of possession of a controlled substance, one count of manufacture of a controlled substance, one count of terrorizing, one count of child endangerment, and one count of simple assault. We affirm, concluding Tresenriter failed to properly preserve issues for appeal when he did not timely object to admission of results of a buccal swab DNA test and did not move to consolidate the multiple conspiracy charges into a single conspiracy count.

I

[¶2] Tresenriter was charged with multiple criminal offenses relating to the manufacture of methamphetamine occurring between 2006 and 2009. The State alleged that Tresenriter engaged in conspiracies with numerous individuals in which the other individuals would purchase items necessary for the manufacture of methamphetamine and provide them to Tresenriter, who would then manufacture the methamphetamine and provide some of the methamphetamine to the person who had supplied ingredients. In addition to the various drug offenses, Tresenriter was also charged with terrorizing for allegedly threatening another person with a firearm, child endangerment for allegedly providing methamphetamine and marijuana to a minor, and simple assault for allegedly physically attacking another individual.

[¶3] In the course of their investigation, law enforcement officials requested that Tresenriter provide a DNA sample. When Tresenriter refused, Special Agent Zachmeier obtained a search warrant directing Tresenriter to submit to a buccal swab DNA test. In a buccal swab test, a sample is obtained from the inside of the subject's mouth by scraping the cheek with a cotton swab. See N.D. Admin. Code § 10-17-01-02(1). Zachmeier performed the buccal swab test on Tresenriter, and subsequent analysis at the State Crime Laboratory established that Tresenriter's DNA matched the DNA on a cigarette butt found at the site of a meth lab.

[¶4] Tresenriter filed a pretrial motion to suppress the DNA test results. The district court denied the motion to suppress, but indicated admissibility of the DNA test results would depend upon the foundation provided at trial. Tresenriter did not object when the DNA test results were offered into evidence at trial.

[ΒΆ5] Numerous witnesses testified they purchased pseudoephedrine and other items used in the manufacture of methamphetamine and provided them to Tresenriter, who then used the material to manufacture methamphetamine and gave some of the methamphetamine to them. The State also introduced "restricted product sales logs" kept by a local pharmacy which indicated that many of Tresenriter's alleged co-conspirators had purchased unusually large ...


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