State v. Desjarlais

20070156 State of North Dakota, Plaintiff and Appellee
v.
Robert Desjarlais, Defendant and Appellant

Appeal from: District Court, 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
Term: 12/2007   Argument: 12/17/2007  2:45pm
ND cite: 2008 ND 13
NW cite: 744 N.W.2d 529

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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.

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Docket entries:
106/05/2007 NOTICE OF APPEAL: 06/01/2007
206/05/2007 ORDER FOR TRANSCRIPT: 06/01/2007
306/05/2007 This matter is consolidated w/20070157; make all entries except DIS and MAN in this case
406/27/2007 RETENTION OF RECORD ON APPEAL: 07/21/2007
507/18/2007 MOT. EXT/TIME TRANSCRIPT
607/18/2007 ACTION BY TRIAL COURT (MTR). Granted: 09/01/2007
708/24/2007 TRANSCRIPT DATED 11/6/06, 5/3/07, & 5/4/07
808/27/2007 DISK-TRA(11/6/06, 5/3/07, & 5/4/07)
908/27/2007 certificate of service of copies of transcript
1008/30/2007 Benjamin C. Pulkrabek is now court appointed counsel for Appellant Desjarlais
1108/30/2007 RECORD ON APPEAL including separate exhibits. Not sent was No. 65 (Def Exh A shoes)
1210/02/2007 APPELLANT BRIEF
1310/02/2007 Addendum attached to appellant's brief
1410/02/2007 APPELLANT APPENDIX
1510/02/2007 DISK - ATB
1610/18/2007 APPELLEE BRIEF (e-filed)
1710/18/2007 E-FILED BRIEF (AEB)
1810/18/2007 Affidavit of Service by E-Mail of AEB on opposing counsel
1910/23/2007 Received 7 copies of AEB from Central Duplicating
2011/15/2007 Received $25 e-filing surcharge for AEB (Receipt #17917)
2111/30/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
2212/03/2007 SITTING WITH THE COURT: Hodny, William F.
2312/17/2007 APPEARANCES: Benjamin C. Pulkrabek; Nicole E. Foster
2412/17/2007 ARGUED: Pulkrabek; Foster
2512/17/2007 ORAL ARGUMENT WEBCAST
2601/11/2008 1st Supplemental Clerk's Certificate of Record dated 1-10-08 (Entry Nos. 80-81)
2701/22/2008 DISPOSITION: AFFIRMED
2801/22/2008 UNANIMOUS OPINION: Sandstrom, Dale V.
2901/22/2008 Judgment e-mailed to Parties
3002/13/2008 MANDATE
3102/15/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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