STATE v. BROWN (2020)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Orlando Joseph BROWN, Defendant and Appellant

No. 20190206

Decided: February 12, 2020

Sarah W. Gereszek, Assistant State’s Attorney, Grand Forks, ND, for plaintiff and appellee. Benjamin C. Pulkrabek, Mandan, ND, for defendant and appellant.

[¶1] Orlando Joseph Brown appealed from a criminal judgment entered after a jury found him guilty of aggravated assault and two counts of gross sexual imposition. Brown argues the district court erred by issuing a pre-trial order allowing the State to introduce at trial evidence of past incidents of domestic violence that occurred between Brown and the victim within the three week period prior to the incident that led to the above stated charges. We conclude the district court did not abuse its discretion in issuing a pre-trial order permitting the State to introduce this prior-act evidence under N.D.R.Ev. 404(b). We summarily affirm under N.D.R.App.P. 35.1(a)(4).

Per Curiam.

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

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