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State v. Cook

Supreme Court of North Dakota

February 10, 2014

STATE of North Dakota, Plaintiff and Appellee
v.
Joshua Troy COOK, Defendant and Appellant.

Kara Schmitz Olson, Assistant State's Attorney, and Andria Pinkerton, under the Rule on Limited Practice of Law by Law Students, Courthouse, Fargo, ND, for plaintiff and appellee; on brief.

Jesse D. Matson, Fargo, ND, for defendant and appellant; on brief.

KAPSNER, Justice.

[¶ 1] Joshua Troy Cook appeals a criminal judgment entered after he conditionally pled guilty to four drug-related charges and after a jury found him guilty of reckless endangerment. Because Cook failed to comply with the North Dakota Rules of Appellate Procedure, we dismiss the appeal.

I [1]

[¶ 2] Cook was charged with possession of diazepam with intent to deliver or manufacture (Count 1), possession of clonazepam (Count 2), possession of methamphetamine (Count 3), possession of drug paraphernalia (Count 4), and reckless endangerment (Count 5), following a search of a vehicle. Cook moved to suppress the evidence obtained from the search of the vehicle. After a suppression hearing, the district court denied Cook's motion to suppress. Cook conditionally pled guilty to Counts 1-4 and had a jury trial on Count 5. The jury found Cook guilty of Count 5.

II

[¶ 3] On appeal, Cook argues the district court erred in denying his motion to suppress. In its order denying Cook's suppression motion, the district court indicated

Page 2

that denial was based on " the reasons as more fully set forth on the record." Cook also argues that his conviction of reckless endangerment was improper. His argument, in its entirety, is:

23. II. Whether Defendant committed reckless endangerment where no risk of bodily injury or death occurred.
24. North Dakota Century Code § 12.1-17-03 requires that the Defendant create a substantial risk of serious bodily injury or death to another.
25. Officer Heidbreder was in no risk of serious bodily injury or death. The vehicles turning radius simply could not strike him with the rear tires in the position he was in. No potential for harm existed.
26. Additionally, Defendant did not create the risk. Officer Heidbreder's approach of a moving vehicle and/or his subsequent fall created what the State referred to as his risk.

Cook does not specify whether this is a challenge to the sufficiency or the weight of the evidence. He indicates that he made a motion for " [d]ismissal notwithstanding the jury verdict," but without transcripts, this ...


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