Opinion
No. 20000020
Decided October 3, 2000
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Cynthia A. Rothe-Seeger, Judge.
AFFIRMED.Timothy M. O'Keeffe, City Prosecutor, Fargo, N.D., for plaintiff and appellee.
Jonathan T. Garaas, Garaas Law Firm, DeMores Office Park, Fargo, N.D., for defendant and appellant.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
[¶ 1] Jason Curtis Doty appeals from a criminal judgment of the East Central Judicial District Court following a jury verdict finding him guilty of the charge of reckless driving. The criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3), (4), and (7). See State v. Zurmiller, 544 N.W.2d 139, 141 (N.D. 1996) (evidence and all inferences are viewed in the light most favorable to the verdict); State v. Austin, 520 N.W.2d 564, 570 (N.D. 1994) (we will reverse a criminal conviction only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt); State v. Schlickenmayer, 334 N.W.2d 196, 200 (N.D. 1983) (allowing a jury to view the scene of an incident is within the sound discretion of the trial court);City of Mandan v. Willman, 439 N.W.2d 92, 94 (N.D. 1989) (courts can refuse to give jury instructions that are inapplicable or irrelevant); State v. Hafner, 1998 ND 220, ¶ 18, 587 N.W.2d 177 (jury instructions are designed to inform the jury of the law and must not mislead); State v. Kreiger, 138 N.W.2d 597, 601 (N.D. 1965) (objections to a complaint must be made prior to proceeding to trial or those objections are waived); City of Bismarck v. Schoppert, 450 N.W.2d 757, 758 (N.D. 1990) (an ordinance does not conflict with state law unless the ordinance attempts to prohibit conduct different from that prohibited by state law); Sampson v. State, 506 N.W.2d 722, 728-29 (N.D. 1993) (outlining the necessary elements to prove prosecutorial misconduct).
[¶ 2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner