State v. Gomez
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| 20100100 |
State of North Dakota, Plaintiff and Appellee
v.
Ciro Gomez, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Walsh County
Judge M. Richard Geiger |
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Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
11/2010 Argument: 11/29/2010 01:30pm
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| ND cite: |
2011 ND 29
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| NW cite: |
793 N.W.2d 451
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
The trial court erred when it failed to issue a special verdict form pursuant to
N.D.Cent.Code 12.1-20-03.1(2).
There was insufficient evidence to support the guilty verdict.
The trial court erred when it refused to consider Gomez's challenge to the ethnic and racial makeup of the jury panel and jury.
The sentence imposed by the Court violates the Eighth Amendment prohibition against cruel and unusual punishment by being disproportionate to the crime.
Appellee's Statement of the Issues:
When the defendant has already stipulated that he was at least twenty-two years of age at the time of
the offense, N.D.C.C. 12.1-20-03.1(2) does not require a special verdict form nor any special interrogatories
as to the elements of the offense, and consequently there was no error when a general verdict form was submitted to the jury in this case.
There was more than ample evidence to support the jury's verdict of "guilty" in this case.
The Defendant neither properly presented nor preserved his challenge to the ethnic/racial makeup
of the jury panel, and consequently there was no error in the seating of the jury.
The sentence imposed by the District Court was within the statutory guidelines and did not violate the Eighth Amendment of the United States Constitution.
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| 1 | | 03/30/2010 | |
NOTICE OF APPEAL: 03/30/2010 |
| 2 | | 03/30/2010 | |
ORDER FOR TRANSCRIPT: 03/30/2010 |
| 3 | | 04/01/2010 | |
ACKNOWLEDGMENT OF OTR & RETENTION OF RECORD ON APPEAL: 05/19/2010 |
| 4 | | 04/06/2010 | |
Notice of Assignment of Kent M. Morrow to replace Gretchen Handy as counsel for AT |
| 5 | | 04/27/2010 | |
RECORD ON APPEAL and Separates |
| 6 | | 05/18/2010 | |
MOT. EXT/TIME TRANSCRIPT |
| 7 | | 05/18/2010 | |
ACTION BY TRIAL COURT (MTR). Granted: 05/31/2010 |
| 8 | | 05/24/2010 | |
Supplemental Clerk's Certificate of Record dated May 20, 2010 (Entry Nos. 158-160). |
| 9 | | 05/26/2010 | |
TRANSCRIPTS DATED 1/6/09 & 2/11/09, 4/21/09, 8/31/09, 9/8/09, 10/23/09, 10/27/09, 10/28/09, |
| 10 | | 05/26/2010 | |
10/29/09, 10/30/09, 3/16/10 AND C.O.S. |
| 11 | | 05/27/2010 | |
DISK-TRA (1/6/09 & 2/11/09, 4/21/09, 8/31/09, 9/8/09, 10/23/09, 10/27/09, 10/28/09, |
| 12 | | 05/27/2010 | |
10/29/09 & 10/30/09 (e-mailed) |
| 13 | | 06/01/2010 | |
DISK-TRA (3/16/10) E-MAILED |
| 14 | | 06/28/2010 | |
MOT. EXT/TIME APPELLANT BRIEF (e-filed) |
| 15 | | 06/28/2010 | |
E-FILED MOTION (MAT) |
| 16 | | 06/29/2010 | |
ACTION BY CLERK (MAT). Granted: 08/04/2010 |
| 17 | | 08/04/2010 | |
APPELLANT BRIEF (e-filed) |
| 18 | | 08/04/2010 | |
E-FILED BRIEF (ATB) |
| 19 | | 08/04/2010 | |
APPELLANT APPENDIX (e-filed) |
| 20 | | 08/04/2010 | |
E-FILED APPENDIX (ATA) |
| 21 | | 08/05/2010 | |
Received surcharge for ATB (Receipt #19756) |
| 22 | | 08/10/2010 | |
Received 7 copies of ATB from CSD |
| 23 | | 08/10/2010 | |
Received 6 copies of ATA from CSD |
| 24 | | 08/30/2010 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 25 | | 08/30/2010 | |
ACTION BY CLERK. Granted: 09/28/2010 |
| 26 | | 09/28/2010 | |
APPELLEE BRIEF & Addendum (e-filed) (PDF) |
| 27 | | 09/28/2010 | |
E-FILED BRIEF (AEB) (PDF) |
| 28 | | 09/30/2010 | |
Received $25 surcharge for AEB (Receipt #19989) |
| 29 | | 09/30/2010 | |
Received 7 copies of AEB from CSD |
| 30 | | 10/18/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 31 | | 11/29/2010 | |
APPEARANCES: Kent M. Morrow; Barbara L. Whelan |
| 32 | | 11/29/2010 | |
ARGUED: Kent M. Morrow; Barbara L. Whelan |
| 33 | | 11/29/2010 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 02/08/2011 | |
DISPOSITION: AFFIRMED |
| 35 | | 02/08/2011 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 36 | | 02/09/2011 | |
Corrected/Substitute Opinion Page 7 |
| 37 | | 02/09/2011 | |
Judgment Sent to Parties |
| 38 | | 03/02/2011 | |
MANDATE |
| 39 | | 03/08/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |