State v. Gonzalez

990257 State of North Dakota, Plaintiff and Appellee
v.
Eduardo Miguel Gonzalez a/k/a
Edwardo Gonzalez, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Johnson, Ramstad & Mottinger, PLLP
Appellee: Brett M. Shasky , Asst. State's Attorney
Term: 02/2000   Argument: 02/07/2000  1:30pm
ND cite: 2000 ND 32
NW cite: 606 N.W.2d 873


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 Defendant guilty beyond a reasonable doubt of the crime of conspiracy to deliver a controlled substance.
II. Whether the trial court committed prejudicial error when it denied Defendant's motion under rule 609, N.D.R.Evid., to exclude evidence of Defendant's prior conviction for possession with intent to deliver cocaine.
III. Whether the trial court erred in sentencing Defendant under section 19-03.1-23, N.D.C.C., when the state was not required to prove beyond a reasonable doubt that Defendant willfully manufactured, delivered, or possessed a controlled substance with an intent to deliver.

Appellee's Statement of the Issues:
I. Whether the trial court erred in denying the Defendant's rule 29 motion because, as a matter of law, there was insufficient evidence on which to find Defendant guilty beyond a reasonable doubt of the crime of conspiracy to deliver a controlled substance.
II. Whether the trial court committed prejudicial error when it denied Defendant's motion under Rule 609, N.D.R.Evid., to exclude evidence of Defendant's prior conviction for possession with intent to deliver cocaine.
III. Whether the trial court erred in sentencing Defendant under section 19-03.1-23, N.D.C.C., when the State was not required to prove beyond a reasonable doubt that the Defendant willfully manufactured, delivered, or possessed a controlled substance with an intent to deliver.

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Docket entries:
108/17/1999 NOTICE OF APPEAL: 08/09/1999
209/03/1999 ORDER FOR TRANSCRIPT: 09/02/1999
309/03/1999 RETENTION OF RECORD ON APPEAL: 11/10/1999
409/30/1999 Transcripts dated 6-10-99 & 7-21-99
510/01/1999 DISKS (tra dated 6-10-99 & 7-21-99) (NOTE: 2 disks)
610/19/1999 TRANSCRIPT Commencing August 3, 1999
710/20/1999 DISK (Tra dated 8-3 & 8-4-99)
810/25/1999 RECORD ON APPEAL (not received were :#4 - felony schedule order, #11 & #21-tapes, #38-steno notes)
911/24/1999 APPELLANT BRIEF
1011/24/1999 APPELLANT APPENDIX
1111/29/1999 DISK - ATB
1212/27/1999 MOT. EXT/TIME APPELLEE BRIEF; AFF. OF MR. SHASKY (faxed copies)
1312/27/1999 ACTION BY CHIEF JUSTICE (MAE). Granted: 01/05/2000
1412/29/1999 Original Mot. Ext/Time AEB; Aff. of Mr. Shasky
1501/05/2000 APPELLEE BRIEF
1602/23/2000 Order/Judgment Mailed to Parties
1701/06/2000 DISK - AEB
1802/07/2000 APPEARANCES: Douglas W. Nesheim; Brett M. Shasky
1902/07/2000 ARGUED: Nesheim; Shasky (Vol. W; page 225)
2002/22/2000 DISPOSITION: REVERSED AND REMANDED
2102/22/2000 UNANIMOUS OPINION: Sandstrom, Dale V.
2202/23/2000 Order/Judgment Mailed to Parties
2303/16/2000 MANDATE
2403/20/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2501/26/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014