from the District Court of Wells County, Southeast Judicial
District, the Honorable James D. Hovey, Judge.
Kathleen K. Murray, State's Attorney, Fessenden, N.D.,
for plaintiff and appellee.
C. Kraus-Parr, Grand Forks, N.D., for defendant and
Glen Baltrusch appeals from a criminal judgment entered after
a jury found him guilty of four counts of disobedience of a
judicial order. Because the evidence is sufficient to sustain
the verdicts and the district court did not commit obvious
error in failing to dismiss counts two through four on double
jeopardy grounds, we affirm.
Gary, Milo, and Glen Baltrusch are sons of Delores Baltrusch.
Gary Baltrusch is the trustee of the Delores Baltrusch
Irrevocable Trust. The Trust owns a house in the City of
Harvey. Delores Baltrusch has been allowed to reside in the
home as long as she is able. Glen Baltrusch also resided in
the home with Delores Baltrusch. Gary and Milo Baltrusch were
concerned that Glen Baltrusch was taking advantage of their
elderly mother, and in July 2017 they asked him to vacate the
property. He refused to do so. In response to Glen
Baltrusch's refusal to leave the property, Gary
Baltrusch, as trustee, brought an action under N.D.C.C. ch.
47-32 to evict Glen Baltrusch from the premises. On October
13, 2017, a final judgment was entered ordering Glen
Baltrusch to vacate the property no later than October 20,
2017. On April 11, 2018, a special writ of execution was
issued ordering the sheriff to remove Glen Baltrusch from the
property. A sheriff's return of service indicates the
special writ of execution was served on April 11, 2018, and
the sheriff testified that Glen Baltrusch left the premises
with the sheriff when the writ was served.
Sheriff Kluth, Milo Baltrusch, and Gary Baltrusch testified
that they observed Glen Baltrusch at the residence beginning
on April 13, 2018, under circumstances that they believed
showed he was again living there. The State then charged him
with 24 counts of disobedience of a judicial order in
violation of N.D.C.C. § 12.1-10-05. The 24 counts were
later consolidated into four counts. Each count charged a
violation of the October 13, 2017, eviction judgment on
various dates. A jury convicted him on all four counts, and
he was given a suspended sentence on each count of 30 days in
jail, 360 days of unsupervised probation, and a restriction
on the possession of firearms. The sentences were ordered to
Glen Baltrusch argues the evidence was insufficient to
support the convictions.
Our standard for reviewing claims of insufficient evidence to
support convictions is well established:
A defendant bears the burden of showing the evidence, when
viewed in the light most favorable to the verdict, reveals no
reasonable inference of guilt. On appeal, this Court merely
reviews the record to determine if there is competent
evidence that allowed the jury to draw an inference
reasonably tending to prove guilt and fairly warranting a
conviction. A conviction rests upon insufficient evidence
only when no rational factfinder could have found the
defendant guilty beyond a reasonable doubt after viewing the
evidence in a light most favorable to the prosecution and
giving the prosecution the benefit of all inferences
reasonably to be drawn in its favor.
State v. Lyons, 2019 ND 175, ¶ 9, 930 N.W.2d
156 (quoting State v. Igou, 2005 ND 16, ¶ 5,