Opinion
No. 20100187.
Decided February 8, 2011.
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wickham Corwin, Judge.
AFFIRMED.
Reid A. Brady and Tanya Johnson Martinez, Assistant State's Attorneys, P.O. Box 2806, Fargo, N.D. 58108-2806, for plaintiff and appellee; submitted on brief.
Nicholas D. Thornton, Fargo Public Defender Office, 912 3rd Ave. S., Fargo, N.D. 58103-1707, for defendant and appellant; submitted on brief.
Per Curiam.
[¶ 1] Tate Pederson appeals from a criminal judgment entered on a jury verdict finding him guilty of gross sexual imposition and sexual assault, and from an order dismissing his motion for a new trial. On appeal, Pederson argues insufficient evidence exists to support the guilty verdict. He further asserts the trial court abused its discretion in denying his motion for a new trial based upon newly discovered evidence. We affirm under N.D.R.App.P. 35.1(a)(3) and (4).
[¶ 2] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom
Daniel J. Crothers