State v. Sabo

20070090 State of North Dakota, Plaintiff and Appellee
v.
James Peter Sabo, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wade L. Webb
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Johnson, Ramstad & Mottinger, PLLP
Appellee: Reid Alan Brady , Asst. State's Attorney
Term: 10/2007   Argument: 10/09/2007  1:30pm
ND cite: 2007 ND 193
NW cite: 742 N.W.2d 812

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Issues: Appellant's Statement of the Issues:
I. Whether the trial court erred in denying defendant's rule 29 motion because, as a matter of law, there was insufficient evidence on which to find the defendant guilty beyond a reasonable doubt.
II. Whether sufficient evidence existed to support a guilty verdict of alteration of odometer, a class b misdemeanor in violation of n.d.c.c.  39-21-51.
III. Whether the conviction should be reversed because defendant's right to a fair trial was unduly prejudiced by the prosecutor's improper closing rebuttal argument.

Appellee's Statement of the Issues:
I. Whether the district court appropriately denied the Defendant's motion for judgment of acquittal because there was competent evidence presented during the State's case-in-chief which could have allowed the jury to draw an inference reasonably tending to prove guilt.
II. Whether there was competent evidence presented during the trial which could have allowed the jury to draw an inference reasonably tending to prove guilt.
III. Whether the State's rebuttal closing argument was within the bounds of fair and reasonable criticism of the evidence and fair and reasonable argument based upon the State's theory of the case and the evidence.

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Docket entries:
103/28/2007 NOTICE OF APPEAL: 03/26/2007
203/28/2007 ORDER FOR TRANSCRIPT: 03/26/2007
303/30/2007 Amended Order for Transcript filed in trial court on 3-28-07
403/30/2007 Stipulation for Partial Transcript dated March 28, 2007
504/25/2007 RECORD ON APPEAL w/Separates (Entry Nos. 47 & 49-52).Not included Entry Nos.6, 14, 20, 35-37, & 53.
605/01/2007 Clerk's Supplemental Cert. of Record on Appeal dated May 1, 2007, with entry 37 attached
705/02/2007 TRANSCRIPT DATED 2/22/07
805/02/2007 DISK-TRA(2/21/07 & 2/22/07) ELECTRONIC
905/04/2007 TRANSCRIPT DATED 2/21/07 (Vol. 1)
1005/07/2007 Certificate of Service of Copies of Transcripot dated 5-1-07
1106/13/2007 APPELLANT BRIEF (pdf)
1206/13/2007 E-FILED BRIEF (ATB)
1306/13/2007 APPELLANT APPENDIX
1406/13/2007 E-FILED APPENDIX (Appellant's Appendix)
1506/13/2007 Received $25 surcharge for e-filed ATB
1606/18/2007 Received 7 copies of ATB from Central Duplicating
1706/18/2007 Received 6 copies of ATA from Central Duplicating
1807/12/2007 APPELLEE BRIEF
1907/12/2007 E-FILED BRIEF - AEB
2007/16/2007 Received $25 surcharge for efiled AEB (Receipt #17622)
2107/18/2007 Received 7 copies AEB from Central Duplicating.
2210/09/2007 APPEARANCES: Craig E. Johnson; Reid A. Brady, Asst. State's Atty.
2310/09/2007 ARGUED: Johnson; Brady
2410/09/2007 ORAL ARGUMENT WEBCAST
2512/13/2007 DISPOSITION: AFFIRMED
2612/13/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
2712/14/2007 Judgment E-Mailed to Parties
2801/07/2008 MANDATE
2901/10/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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