STATE v. BUROW (2020)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Justin Keith BUROW, Defendant and Appellant

No. 20190382

Decided: May 07, 2020

Joseph K. Nwoga, Jamestown, ND, for plaintiff and appellee. Scott R. Sandness, Jamestown, ND, for defendant and appellant; submitted on brief.

[¶1] Justin Burow appeals from a criminal judgment entered after a jury found him guilty of committing simple assault on a correctional institution employee in violation of N.D.C.C. § 12.1-17-01(2)(a), a class C felony. Burow argues the evidence presented at trial is insufficient to support the verdict. Having reviewed the evidence in a light most favorable to the verdict, see State v. White, 2017 ND 51, ¶ 17, 890 N.W.2d 825, we conclude the evidence is sufficient to sustain the verdict. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(3).

Per Curiam.

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

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