STATE v. HUSSEIN (2018)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Adel Abdirahman HUSSEIN, Defendant and Appellant

No. 20180008

Decided: September 13, 2018

Nicholas S. Samuelson (argued), third-year law student, under the Rule on Limited Practice of Law by Law Students, and Ryan J. Younggren (on brief), Assistant State’s Attorney, Fargo, ND, for plaintiff and appellee. Samuel A. Gereszek, East Grand Forks, MN, for defendant and appellant.

[¶ 1] Adel Abdirahman Hussein appeals the district court’s criminal judgment entered on a jury’s verdict finding him guilty of simple assault on a peace officer. Hussein challenges the sufficiency of the evidence for the jury’s verdict, arguing the State did not present evidence that the peace officer was “impaired of physical condition.” Viewing the evidence in the light most favorable to the verdict, we conclude the evidence reasonably tends to prove guilt and fairly supports the conviction. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7). State v. Hannah, 2016 ND 11, ¶ 9, 873 N.W.2d 668 (concluding pain is a qualifying, but not necessary, circumstance of bodily impairment under N.D.C.C. § 12.1-01-04(4) ).

Per Curiam.

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

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