State v. Wilson

20030112

State of North Dakota, Plaintiff and Appellee
v.
Scott Wilson, Defendant and Appellant

Appeal from:

District Court, South Central Judicial District, Morton County
Judge Bruce B. Haskell

Nature of Action:

Counsel:

Appellee:		Brian David Grosinger , Asst. State's Attorney
Appellant:		Wayne D. Goter

Term:

11/2003 Argument: 11/18/2003 02:00pm

ND cite:

2004 ND 51

NW cite:

676 N.W.2d 98

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Issues:

Appellant's Statement of the Issues:
1. Whether the evidence was sufficient to sustain the verdict of guilty to the offense of theft by deception.
2. Whether the trial court erred in failing to instruct the jury on the definitions of deception, deprive, and intent.

Appellee's Statement of the Issues:
1. Whether there was sufficient evidence to sustain the conviction.
2. Whether there was error committed when definitions of deception were not given to the jury.

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Docket entries:

1	04/14/2003	NOTICE OF APPEAL: 04/11/2003
2	04/14/2003	ORDER FOR TRANSCRIPT: 04/11/2003
3	05/09/2003	RECORD ON APPEAL (separates 48 w/video, 49, 52, 55)
4	05/16/2003	ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
5	05/21/2003	Supplemental Clerk's Certificate dated 5-20-03 (Entry No. 76)
6	05/22/2003	Second Supplemental Clerk's Certificate dated 5-21-03 (Entry No. 77)
7	05/22/2003	Amended Order for Transcript
8	05/23/2003	Transcripts dated May 21, 2001 & July 2, 2001 (2 vols.)
9	05/27/2003	DISK - TRA (5-21-01 & 7-2-01)
10	05/30/2003	TRANSCRIPT DATED July 30, 2002
11	05/30/2003	DISK - TRA (7-30-02) (e-filed)
12	06/02/2003	Clerk's 3rd Suppl. Cert. of Record on Appeal dated May 29, 2003, with entry 78 attached
13	06/05/2003	MOTION FOR REMAND TO TRIAL COURT
14	06/05/2003	ACTION BY ACTING CHIEF JUSTICE. Granted
15	06/05/2003	ORDER OF REMAND
16	06/11/2003	RECORD ON APPEAL (separates 48 w/video, 49, 52, 55)(refiled after remand)(not rec'd-misc. corresp)
17	06/11/2003	Clerk's Supplemental Certificate dated 5-20-03, with entry 76 attached (refiled after remand)
18	06/11/2003	Clerk's Second Supp. Certificate dated May 21, 2003, with entry 77 attached (refiled after remand)
19	06/11/2003	Clerk's Third Supp. Certificate dated May 29, 2003, with entry 78 attached (refiled after remand)
20	06/11/2003	Clerk's Fourth Supp. Certificate dated June 10, 2003, with entries 79-82
21	06/11/2003	MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
22	06/11/2003	ACTION BY CLERK (sua sponte). Granted: 07/14/2003
23	07/01/2003	SUPPLEMENTAL CLERK'S CERTIFICATE DATED 6-30-03 (Entry Nos. 83-85)
24	07/11/2003	MOT. EXT/TIME APPELLANT BRIEF
25	07/11/2003	ACTION BY CLERK (MAT). Granted: 08/13/2003
26	08/11/2003	APPELLANT BRIEF
27	08/11/2003	APPELLANT APPENDIX
28	08/11/2003	DISK - ATB
29	08/11/2003	SUPPLEMENTAL CLERK'S CERTIFICATE DATED 8-08-03 (Entry Nos. 87-89; No. 86 - Order for Transport
30	08/11/2003	not received) (Also note: No. 87 is Transcript of Motion to Reduce Sentencing dated 7-23-03)
31	08/12/2003	Supplemental Clerk's Certificate dated 8-11-03 (Entry No. 86)
32	09/09/2003	MOT. EXT/TIME APPELLEE BRIEF
33	09/09/2003	ACTION BY CLERK (MAE; with understanding oral argument will be in November). Granted: 10/10/2003
34	10/10/2003	APPELLEE BRIEF
35	10/10/2003	DISK - AEB (e-filed)
36	10/28/2003	SITTING WITH THE COURT: Hoberg, Gordon O.
37	11/18/2003	APPEARANCES: Wayne D. Goter; Brian D. Grosinger
38	11/18/2003	ARGUED: Goter; Grosinger (Vol. Y; Page 171)
39	11/18/2003	ORAL ARGUMENT WEBCAST
40	03/01/2004	DISPOSITION: AFFIRMED
41	03/01/2004	UNANIMOUS OPINION: Neumann, William A.
42	03/01/2004	Judgment Mailed to Parties
43	03/23/2004	MANDATE
44	03/25/2004	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
45	06/25/2010	EXPUNGED - Nonpermanent record items destroyed

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