State v. Olsen

2021 ND 230, 968 N.W.2d 182

• Court: North Dakota Supreme Court
• Decided: December 23, 2021
• Docket: 20210127
• Status: Published

Opinion

FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT DECEMBER 23, 2021 STATE OF NORTH DAKOTA

IN THE SUPREME COURT STATE OF NORTH DAKOTA

2021 ND 230

State of North Dakota, Plaintiff and Appellee v. Thomas Lynn Olsen, Defendant and Appellant

No. 20210127

Appeal from the District Court of Griggs County, Southeast Judicial District, the Honorable James D. Hovey, Judge.

AFFIRMED.

Per Curiam.

Jayme J. Tenneson, State’s Attorney, Lakota, ND, for plaintiff and appellee.

Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant. State v. Olsen No. 20210127

[¶1] Thomas Olsen appeals from a criminal judgment entered after a jury found him guilty of gross sexual imposition. On appeal, Olsen argues the district court erred in denying his N.D.R.Crim.P. 29 motion regarding time as an essential element. He also argues the court’s preliminary ruling on probable cause pursuant to N.D.R.Crim.P. 4, 5, and 5.1 undermines the integrity of the judicial process. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7); State v. Montplaisir, 2015 ND 237, ¶ 16, 869 N.W.2d 435 (“A defendant who is found guilty at trial may not, on appeal, challenge the district court’s decision on probable cause at the preliminary hearing.”).

[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte