STATE v. OLSEN (2021)

Supreme Court of North Dakota.

STATE of North Dakota, Plaintiff and Appellee v. Thomas Lynn OLSEN, Defendant and Appellant

No. 20210127

Decided: December 23, 2021

Jayme J. Tenneson, State's Attorney, Lakota, ND, for plaintiff and appellee. Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant.

[¶1] Thomas Olsen appeals from a criminal judgment entered after a jury found him guilty of gross sexual imposition. On appeal, Olsen argues the district court erred in denying his N.D.R.Crim.P. 29 motion regarding time as an essential element. He also argues the court's preliminary ruling on probable cause pursuant to N.D.R.Crim.P. 4, 5, and 5.1 undermines the integrity of the judicial process. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7); State v. Montplaisir, 2015 ND 237, ¶ 16, 869 N.W.2d 435 (“A defendant who is found guilty at trial may not, on appeal, challenge the district court's decision on probable cause at the preliminary hearing.”).

Per Curiam.

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

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