Opinion
No. 20000101
Decided December 7, 2000
Appeal from the District Court of Griggs County, Southeast Judicial District, the Honorable John E. Greenwood, Judge.
AFFIRMED.
Marina Spahr (submitted on brief), State's Attorney, P.O. Box 271, Cooperstown, N.D. 58425-0271, for plaintiff and appellee.
James W. Wold, 11943 County Rd. 26, Luverne, N.D. 58056, for defendant and appellant.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
[¶ 1] Kenna Wilson appealed from an amended judgment of conviction for the crime of accomplice to assault in violation of N.D.C.C. §§ 12.1-03-01 and 12.1-17-01.1. Wilson argues the evidence is insufficient to sustain the conviction. Our evidentiary standard of review for a criminal bench trial is the same as if the case had been tried to a jury. State v. Treis, 1999 ND 136, ¶ 9, 597 N.W.2d 664. We affirm under N.D.R.App.P. 35.1(a)(3). Wilson also seeks reversal, claiming probable cause did not exist to charge him with the crime because a law enforcement officer gave an allegedly false statement in an affidavit accompanying the criminal complaint. See, e.g., Gerstein v. Pugh, 420 U.S. 103, 119 (1975) (holding an illegal arrest or detention does not void a subsequent conviction); State v. Biby, 366 N.W.2d 460, 462 (N.D. 1985) (same). We affirm under N.D.R.App.P. 35.1(a)(7).
[¶ 2] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner