State v. Entzel

2023 ND 174

• Court: North Dakota Supreme Court
• Decided: September 28, 2023
• Docket: 20230078
• Status: Published

Opinion

FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT SEPTEMBER 28, 2023 STATE OF NORTH DAKOTA

IN THE SUPREME COURT STATE OF NORTH DAKOTA

2023 ND 174

State of North Dakota, Plaintiff and Appellee v. Nikki Sue Melissa Entzel, Defendant and Appellant

No. 20230078

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Douglas A. Bahr, Judge.

AFFIRMED.

Per Curiam.

Julie A. Lawyer, State’s Attorney, Bismarck, N.D., for plaintiff and appellee.

Samuel A. Gereszek, Grand Forks, N.D., for defendant and appellant. State v. Entzel No. 20230078

[¶1] Nikki Sue Entzel appeals from a criminal judgment entered after a jury convicted her of conspiracy to commit murder. She argues insufficient evidence supports the conviction because her coconspirator did not testify regarding her agreement to commit murder. After reviewing the record, we conclude evidence was presented allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. See State v. Noble, 2023 ND 119, ¶ 4, 992 N.W.2d 518 (explaining “this Court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction”). We summarily affirm the judgment under N.D.R.App.P. 35.1(a)(3).

[¶2] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Stacy J. Louser, D.J.

[¶3] The Honorable Stacy J. Louser, District Judge, sitting in place of Bahr, J., disqualified.