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State v. Evans

Supreme Court of North Dakota

January 15, 2015

State of North Dakota, Plaintiff and Appellee
v.
Steven Duane Evans, Defendant and Appellant

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.

Julie A. Lawyer, Burleigh County Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee; submitted on brief.

Lee M. Grossman, Valley City, ND, for defendant and appellant; submitted on brief.

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

OPINION

Per Curiam.

[¶1] Steven Evans appeals from a criminal judgment entered after a jury found him guilty of possession of drug paraphernalia. On appeal, Evans argues the district court erred by failing to provide the jury with an instruction on the culpability required for possession of drug paraphernalia and improperly denied his motion for judgment of acquittal. We conclude Evans waived his argument regarding the jury instructions, by not raising it below. State v. Mathre, 2004 ND 149, ¶ 21, 683 N.W.2d 918 (" Under N.D.R.Crim.P. 30(c), failure to object at trial to jury instructions when there was an opportunity to do so operates as a waiver of the right on appeal to complain of instructions that either were or were not given." ). We further conclude sufficient evidence exists to support the verdict. We affirm the criminal judgment under N.D.R.App.P. 35.1(a)(3) and (7).

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


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