State v. Desjarlais

2:45pm Monday, December 17, 2007
20070156 State of North Dakota, Plaintiff and Appellee
v.
Robert Desjarlais, Defendant and Appellant
Appeal from: Northwest Judicial District, Williams County, Judge Gerald H. Rustad
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:

Appellant: Benjamin C. Pulkrabek
Appellee: Nicole Ellan Foster , State's Attorney

Issues: Appellant's Statement of the Issues:
ISSUE I: When each of the three counts of reckless endangerment (under circumstances Manifesting extreme indifference to human life) essentially constitute the same offense, should the trial judge have instructed the jury on only one offense or in the alternative at sentencing, emerged the three counts and sentenced for one offense?
ISSUE II: Whether there was sufficient evidence to convict Robert Desjarlais of the offenses charged.
Appellee's Statement of the Issues:
When each of the three counts of reckless endangerment (under circumstances manifesting extreme indifference to human life) essentially constitute the same offense, should the trial judge have instructed the jury on only one offense or in the alternative at sentencing, emerged [sic] the three counts and sentenced for one offense?
Whether there was sufficient evidence to convict Robert Desjarlais of the offenses charged.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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Generated from Supreme Court Docket on 12/31/2007