Opinion
No. 20020135
Decided November 5, 2002
Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable James M. Bekken, Judge.
AFFIRMED.
Leo A. Ryan (on brief), Assistant State's Attorney, 511 2nd Avenue SE, Jamestown, N.D. 58401, for plaintiff and appellee.
William A. Mackenzie (on brief), Mackenzie Reisnour, 404 2nd Avenue SE, P.O. Box 1836, Jamestown, N.D. 58402-1836, for defendant and appellant.
[¶ 1] Elwin John Fontaine appeals from a criminal judgment, entered after a bench trial, finding him guilty of assaulting a correctional officer in violation of N.D.C.C. § 12.1-17-01. Fontaine argues the evidence was insufficient to convict him of the crime because he did not willfully injure the correctional officer. "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 conclude there was sufficient evidence to uphold the guilty verdict. The evidence, and the reasonable inferences drawn from it, when viewed in the light most favorable to the verdict, warrant the conviction. State v. Rue, 2001 ND 92, ¶ 8, 626 N.W.2d 681. We summarily affirm under N.D.R.App.P. 35.1(a)(3).
[¶ 2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring