STATE v. SPARKMAN (2023)

[¶1] Elden Jojuan Sparkman appeals from a criminal judgment entered after a jury trial. Sparkman argues the district court erred by admitting testimonial hearsay evidence through a 911 call, asserting that in the context it was made, “no objection” was meant here to preserve a prior objection to the call. He also argues insufficient evidence supports the conviction. After reviewing the record, we conclude sufficient evidence supports the verdict. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7). See State v. Brewer, 2017 ND 95, ¶ 5, 893 N.W.2d 184 (finding defendant “waived this claim of error when his attorney not only failed to object to the State's admission of evidence at trial, but unequivocally stated there was ‘no objection’ ”).

Per Curiam.

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