from the District Court of Cass County, East Central Judicial
District, the Honorable John Charles Irby, Judge.
Tristan J. Van de Streek (argued) and Leah J. Viste (on
brief), Assistant State's Attorneys, Fargo, North Dakota,
for plaintiff and appellee.
Dearth (argued), third-year law student, under the Rule on
Limited Practice of Law by Law Students, and Samuel A.
Gereszek (appeared), East Grand Forks, Minnesota, for
defendant and appellant.
1] Michael Truelove appeals from a criminal judgment entered
after a jury found him guilty of gross sexual imposition
("GSI"), terrorizing, interfering with a telephone
during an emergency call, and aggravated assault. Truelove
contests only the GSI conviction. We affirm, concluding there
is sufficient evidence in the record to support the GSI
2] Truelove met HFP at Dempsey's, a bar in downtown
Fargo. HFP was working as a cocktail server, and Truelove was
a patron that night (although he was also employed by
Dempsey's as a custodian). They had not interacted prior
to that night. HFP wrote her phone number on Truelove's
pizza box. Truelove left, but after they exchanged a few text
messages, he decided to come back to Dempsey's to meet
her. HFP's shift ended, and the two of them consumed
alcohol at Dempsey's.
3] Toward the end of the night, HFP offered Truelove a ride
home. The two of them walked to HFP's car, kissed, and
drove to Truelove's apartment in South Fargo. HFP
accompanied Truelove into his studio apartment. Once in the
apartment, Truelove went into the bathroom, and HFP went to
lie down on the mattress. After this point, the testimony of
HFP and Truelove differed.
4] HFP testified a naked Truelove came out of the bathroom
and was in "attack mode"; Truelove got on top of
her; she told him to get off her and that she wanted to go to
bed; he "ripped" her skirt and underwear off her;
he ripped her shirt open, exposing her breasts; he grabbed
her breasts; she felt his penis up against her vagina; he
choked her; she called 911 and yelled to the operator for
help; he "ripped" the phone from her hand and threw
it aside; he told her that she "wasn't going to
leave there alive"; he ripped out a chunk of her hair;
and when she unlocked the door, the police officers pulled
him off of her.
5] Truelove testified the lights were off when he exited the
bathroom; he took his clothes off once he left the bathroom
and saw her on his mattress looking at him; he lay down next
to her and began kissing her; he pulled her skirt and
underwear down; he went to insert his penis, but after she
told him no, he stopped; he resumed kissing her and went to
take her shirt off, but she got defensive and kicked him in
the chin; he slapped her and a scuffle ensued, with both of
them having their hair pulled out. He also testified that he
didn't intentionally choke her, but did put her in an arm
bar to prevent her from running out of the apartment naked.
HFP got free, unlocked the door, and exited the apartment.
6] At trial, a jury found Truelove guilty of GSI,
terrorizing, interfering with a telephone during an emergency
call, and aggravated assault.
7] Truelove argues there was insufficient evidence to sustain
his GSI conviction. In reviewing sufficiency of the evidence
challenges, we review the record to determine whether there
is sufficient evidence that could allow a jury to draw a
reasonable inference in favor of the conviction. State v.
Kinsella, 2011 ND 88, ¶ 7, 796 N.W.2d 678 (quoting
State v. Wanner, 2010 ND 121, ¶ 9, 784 N.W.2d
143). "The defendant bears the burden of showing the
evidence reveals no reasonable inference of guilt when viewed
in the light most favorable to the verdict."
Id. We do not reweigh conflicting evidence or judge
the credibility of witnesses. Id.
8] Truelove was found guilty of GSI under N.D.C.C. §