Opinion
20230053
09-28-2023
State of North Dakota, Plaintiff and Appellee v. Alexis Patricia-Nichole Hanson, Defendant and Appellant
Chase R. Lingle, Assistant State's Attorney, Mandan, ND, for plaintiff and appellee; submitted on brief. Justin M. Balzer, Bismarck, ND, for defendant and appellant; submitted on brief.
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Douglas A. Bahr, Judge.
Chase R. Lingle, Assistant State's Attorney, Mandan, ND, for plaintiff and appellee; submitted on brief.
Justin M. Balzer, Bismarck, ND, for defendant and appellant; submitted on brief.
Per Curiam.
[¶1] Alexis Hanson appeals from a district court judgment entered after a jury convicted her of child abuse and child neglect. Hanson argues the evidence was insufficient to find her guilty of both charges and the evidence created reasonable doubt. Hanson also argues the court erred in sentencing her to one year of incarceration. We affirm.
[¶2] "In reviewing challenges to the sufficiency of the evidence on appeal, the defendant 'bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict.'" State v. Rai, 2019 ND 71, ¶ 13, 924 N.W.2d 410 (citing State v. Truelove, 2017 ND 283, ¶ 7, 904 N.W.2d 342). When viewing the evidence in the light most favorable to the verdict, we conclude sufficient evidence exists that could allow a jury to convict on both charges.
[¶3] When determining if a court abused its discretion in sentencing, we look to whether the district court acted within the statutorily prescribed sentencing limits or relied on impermissible factors. State v. Thomas, 2020 ND 30, ¶ 17, 938 N.W.2d 897 (citing State v. Clark, 2012 ND 135, ¶ 18, 818 N.W.2d 739). The court here acted within the statutory limits by imposing the mandatory minimum sentence under N.D.C.C. § 14-09-22(1) and (4). We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (4).
[¶4] Jon J. Jensen, C.J., Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Stacy J. Louser, D.J.
[¶5] The Honorable Stacy J. Louser, D.J., sitting in place of Bahr, J., disqualified.