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State v. Kippen

Supreme Court of North Dakota

December 19, 2013

STATE of North Dakota, Plaintiff and Appellee
v.
Kevin Leonard KIPPEN, Defendant and Appellant.

Editorial Note:

This decision appears in the reporter in a table titled 'Supreme Court of North Dakota Affirmances by Summary Opinion', published quarterly by rule. See N.D.R.App.P., Rule 35.1

Appeal from the District Court of Bottineau County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.

Anthony S. Benson, State's Attorney, Bottineau, ND for plaintiff and appellee; submitted on brief.

Kelsey L. Gentzkow, Grand Forks, ND, for defendant and appellant.

PER CURIAM.

[¶ 1] Kevin Leonard Kippen appeals from criminal judgments following a jury verdict finding him guilty of driving under the influence of alcohol, under N.D.C.C. § 39-08-01, and driving while his license was suspended, under N.D.C.C. § 39-06-42. On appeal, Kippen argues there was insufficient evidence to sustain the verdict, because the State did not prove Kippen drove or operated the vehicle. We summarily affirm the district court's criminal judgments under N.D.R.App.P. 35.1(a)(3).

[¶ 2] GERALD W. VANDE WALLE, C.J., CAROL RONNING KAPSNER, MARY MUEHLEN MARING, DANIEL J. CROTHERS and DALE V. SANDSTROM, JJ., concur.


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