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State v. Sparkman

Supreme Court of North Dakota
Nov 9, 2023
2023 N.D. 212 (N.D. 2023)

Opinion

20230134

11-09-2023

State of North Dakota, Plaintiff and Appellee v. Elden Jojuan Sparkman, Defendant and Appellant

SheraLynn Ternes (argued) and Nicholas S. Samuelson (appeared), Assistant State's Attorneys, Fargo, N.D., for plaintiff and appellee. Samuel A. Gereszek, Grand Forks, N.D., for defendant and appellant.


Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Reid A. Brady, Judge.

SheraLynn Ternes (argued) and Nicholas S. Samuelson (appeared), Assistant State's Attorneys, Fargo, N.D., for plaintiff and appellee.

Samuel A. Gereszek, Grand Forks, N.D., for defendant and appellant.

Per Curiam.

[¶1] Elden Jojuan Sparkman appeals from a criminal judgment entered after a jury trial. Sparkman argues the district court erred by admitting testimonial hearsay evidence through a 911 call, asserting that in the context it was made, "no objection" was meant here to preserve a prior objection to the call. He also argues insufficient evidence supports the conviction. After reviewing the record, we conclude sufficient evidence supports the verdict. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7). See State v. Brewer, 2017 ND 95, ¶ 5, 893 N.W.2d 184 (finding defendant "waived this claim of error when his attorney not only failed to object to the State's admission of evidence at trial, but unequivocally stated there was 'no objection'").

[¶2] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr


Summaries of

State v. Sparkman

Supreme Court of North Dakota
Nov 9, 2023
2023 N.D. 212 (N.D. 2023)
Case details for

State v. Sparkman

Case Details

Full title:State of North Dakota, Plaintiff and Appellee v. Elden Jojuan Sparkman…

Court:Supreme Court of North Dakota

Date published: Nov 9, 2023

Citations

2023 N.D. 212 (N.D. 2023)