STATE v. JOHNSON (2019)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Lucas Michael JOHNSON, Defendant and Appellant

No. 20180349

Decided: April 11, 2019

Justin J. Schwarz, Assistant City Attorney, Bismarck, ND, for plaintiff and appellee. Yancy B. Cottrill, Bismarck, ND, for defendant and appellant.

[¶1] Lucas Michael Johnson appeals from a criminal judgment entered after he conditionally pleaded guilty to unlawful possession of a controlled substance and unlawful possession of drug paraphernalia. Johnson argues the district court erred by denying his motion to suppress evidence obtained during a search unsupported by reasonable and articulable suspicion. We conclude there is sufficient competent evidence supporting the district court’s finding of a traffic violation constituting reasonable and articulable suspicion for the stop. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2) and (7). See State v. Asbach, 2015 ND 280, ¶¶ 11-14, 871 N.W.2d 820.

Per Curiam.

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

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