N.D.R.Crim.P. 34(a)(1) and (b). If a defendant fails to timely move under N.D.R.Crim.P. 34, the alleged error must be analyzed under N.D.R.Crim.P. 52(b), obvious error. See State v. Bertram, 2006 ND 10, ¶¶ 30–31, 708 N.W.2d 913. [¶ 23] This Court exercises its “power to notice obvious error cautiously and only in exceptional circumstances where the accused has suffered serious injustice.”

" State v. Bertram, 2006 ND 10, ¶ 5, 708 N.W.2d 913 (quoting State v. Noorlun, 2005 ND 189, ¶ 20, 705 N.W.2d 819). [¶ 36] Viewing the evidence in a light most favorable to the State, we conclude there is evidence supporting a reasonable inference of guilt.

Moreover, a jury may find a defendant guilty even though evidence exists which, if believed, could lead to a not guilty verdict.State v. Bertram, 2006 ND 10, ¶ 5, 708 N.W.2d 913 (quoting State v. Noorlun, 2005 ND 189, ¶ 20, 705 N.W.2d 819) (citations omitted). [¶ 16] Under N.D.C.C. § 39-21-51, it is illegal to alter a motor vehicle odometer for the purpose of deceiving another:

[¶ 25] We have said an ineffective assistance claim should normally be brought in a post-conviction proceeding "so the parties can fully develop a record . . . of counsel's performance and its impact on the defendant's claim." State v. Bertram, 2006 ND 10, ¶ 39, 708 N.W.2d 913. However, when an ineffective assistance of counsel claim is argued on direct appeal, we will review whether counsel's representation was plainly defective:

Normally, an ineffective assistance claim should be raised in a post-conviction proceeding, "so the parties can fully develop a record . . . of counsel's performance and its impact on the defendant's claim." State v. Bertram, 2006 ND 10, ¶ 39, 708 N.W.2d 913. In Bertram, at ¶ 39, we stated:

Palmer, at ¶ 11. Normally, an ineffective assistance claim should be raised in a post-conviction proceeding, "so the parties can fully develop a record . . . of counsel's performance and its impact on the defendant's claim." State v. Bertram, 2006 ND 10, ¶ 39, 708 N.W.2d 913. In Bertram, at ¶ 39, we stated:

The harmless error doctrine "recognizes the principle that the central purpose of a criminal trial is to decide the factual question of the defendant's guilt or innocence, . . . and promotes public respect for the criminal process by focusing on the underlying fairness of the trial." State v. Bertram, 2006 ND 10, ¶ 31, 708 N.W,2d 913 (internal quotations omitted). It also prevents "setting aside convictions for small errors or defects that have little, if any, likelihood of having changed the result of the trial."

"[W]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not." Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932); see also State v. Bertram, 2006 ND 10, ¶ 14, 708 N.W.2d 913 (applying Blockburger "same elements" test). Under this test, the offenses are different if "each offense contains an element not contained in the other." Peterka v. State, 2015 ND 156, ¶ 9, 864 N.W.2d 745.

[¶ 20] "[W]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not." Blockburger v. United States, 284 U.S. 299, 304 (1932); see also State v. Bertram, 2006 ND 10, ¶ 14, 708 N.W.2d 913 (applying "same elements" or Blockburger test). Under this test, the offenses are different if "each offense contains an element not contained in the other."

"State v. Bertram , 2006 ND 10, ¶ 39, 708 N.W.2d 913 (citations omitted)."To demonstrate prejudice, the defendant must establish a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, and the defendant must specify how and where trial counsel was incompetent and the probable different result."