State v. Weah

2023 ND 177

• Court: North Dakota Supreme Court
• Decided: September 28, 2023
• Docket: 20220361
• 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 177

State of North Dakota, Plaintiff and Appellee v. Gracious Jamesetta Weah, Defendant and Appellant

No. 20220361

Appeal from the District Court of Barnes County, Southeast Judicial District, the Honorable Jay A. Schmitz, Judge.

AFFIRMED.

Per Curiam.

Marina Spahr, Attorney General’s Office, Bismarck, ND, for plaintiff and appellee; sumbitted on brief.

Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant; submitted on brief. State v. Weah No. 20220361

[¶1] Gracious Weah appeals from the district court’s judgment entered after a jury convicted her of aggravated assault with permanent loss or impairment and reckless endangerment with extreme indifference. Weah argues the jury lacked evidence supporting a finding she acted intentionally and her fellow employees regularly acted below the minimum standards set by their employer’s policies.

[¶2] “In reviewing challenges to the sufficiency of the evidence on appeal, 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.’” State v. Rai, 2019 ND 71, ¶ 13, 924 N.W.2d 410 (citing State v. Truelove, 2017 ND 283, ¶ 7, 904 N.W.2d 342). After reviewing the record, we conclude sufficient evidence exists for a jury to find Weah committed the charged offenses. We affirm under N.D.R.App. 35.1(a)(3).

[¶3] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr