STATE v. LINDEMAN (2021)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Barry Mervyn LINDEMAN, Defendant and Appellant

No. 20210159

Decided: December 09, 2021

Christopher W. Nelson, Assistant State's Attorney, Minot, ND, for plaintiff and appellee; submitted on brief. Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant; submitted on brief.

[¶1] Barry Mervyn Lindeman appeals from a judgment of conviction for gross sexual imposition, arguing there was insufficient evidence the offense happened within the time period listed in the charging documents and jury instructions.

[¶2] “A precise date or time period is not required in a criminal prosecution unless time is an essential element of an offense.” Davies v. State, 2018 ND 211, ¶ 17, 917 N.W.2d 8. Time is not an element of gross sexual imposition. Id. at ¶ 20. Because Lindeman's only argument pertains to the timeline and this Court has held a precise time period is not required, we summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7).

Per Curiam.

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

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