Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable James S. Hill, Judge.
Alexander J. Stock, Assistant State's Attorney, Burleigh County Courthouse, Bismarck, N.D., for plaintiff and appellee.
Benjamin C. Pulkrabek, Mandan, N.D., for defendant and appellant.
Dale V. Sandstrom, Carol Ronning Kapsner, Lisa Fair McEvers, Gerald W. VandeWalle, C.J., I concur in the result., Daniel J. Crothers. Opinion of the Court by Sandstrom, Justice.
[¶1] Bryan Reddig appeals after a jury found him guilty of conspiracy to deliver a controlled substance. He argues the district court should have granted his motion for a judgment of acquittal. He also argues the district court should not have admitted into evidence the chemist's analytical report and should have instructed the jury that testimony of an accomplice must be corroborated. We affirm the judgment of the district court, concluding the case was properly submitted to the jury, the jury was properly instructed, and the court did not err by admitting into evidence a certified copy of the chemical analyst's report.
[¶2] In January 2014, Bismarck police officers obtained a search warrant for a residence occupied by Jeff Bauer, Tim Walleen, and Aaron Burkhart. Previous investigations had led the officers to believe the residence was being used for drug transactions. Bauer, Walleen, and Burkhart all testified that on the day the warrant was executed, Reddig arrived at the residence to sell them nearly two pounds of marijuana. Bauer testified Reddig usually drove a maroon SUV and Reddig left the residence after the transaction was complete.
[¶3] While the drug transaction was taking place, Detective Jerry Stein was watching the residence. He testified he observed a dark-colored SUV leave the residence approximately thirty minutes before the search warrant was executed. Because he was on surveillance, Detective Stein bent down when the SUV drove past him to prevent the driver's seeing him. He testified this also prevented him from seeing the driver, but he remembers the vehicle being a dark-colored SUV. Shortly thereafter, Bismarck police officers executed the search warrant on the residence and found multiple drugs and drug paraphernalia. Bauer, Walleen, Burkhart, and one other individual were present in the house. All three men informed police that
Reddig was their source for the drugs and that he had left 30 to 45 minutes before the police arrived to execute the warrant. Detective Mike Bolme searched the men's cell phones, which revealed text messages between the men suggesting a drug transaction was taking place and a man named " Brian" or " B Dog" was the source for the drugs. Reddig was charged with conspiracy to deliver a controlled substance. Bauer, Walleen, and Burkhart were charged as Reddig's co-conspirators.
[¶4] After Reddig was formally charged, lab analyst Dan Radulovich generated an analytical report confirming the substance Reddig allegedly sold the three men was more than 500 grams of marijuana. This report was provided to Reddig on February 6, 2015, approximately four months before trial. A certified copy of the report, however, was not given to Reddig until April 6, 2015, approximately 57 days before trial.
[¶5] At trial, Bauer, Walleen, and Burkhart all testified Reddig was their source for the drugs in this particular transaction. At the end of the State's case, and at the close of Reddig's case, Reddig moved for a judgment of acquittal under Rule 29, N.D.R.Crim.P . The district court denied the motion both times it was offered. The court did not give a jury instruction requiring corroboration of the testimony of an accomplice. Reddig ...