State v. Burow

2020 ND 88, 942 N.W.2d 463

Opinion

Filed 05/07/20 by Clerk of Supreme Court

IN THE SUPREME COURT STATE OF NORTH DAKOTA

2020 ND 88

State of North Dakota, Plaintiff and Appellee v.

Justin Keith Burow, Defendant and Appellant

No. 20190382

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Cherie L. Clark, Judge.

AFFIRMED.

Per Curiam.

Joseph K. Nwoga, Jamestown, ND, for plaintiff and appellee.

Scott R. Sandness, Jamestown, ND, for defendant and appellant; submitted on brief.

State v. Burow No. 20190382

Per Curiam.

[¶1] Justin Burow appeals from a criminal judgment entered after a jury found him guilty of committing simple assault on a correctional institution employee in violation of N.D.C.C. § 12.1-17-01(2)(a), a class C felony. Burow argues the evidence presented at trial is insufficient to support the verdict. Having reviewed the evidence in a light most favorable to the verdict, see State v. White, 2017 ND 51, ¶ 17, 890 N.W.2d 825, we conclude the evidence is sufficient to sustain the verdict. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(3).

[¶2] Jon J. Jensen, C.J.

Gerald W. VandeWalle Daniel J. Crothers Jerod E. Tufte Lisa Fair McEvers