State v. Markel, 2004 ND 103, 688 N.W.2d 402

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Filed June 3, 2004
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IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2004 ND 103

State of North Dakota, Plaintiff and Appellee
v.
Douglas Loren Markel, Defendant and Appellant

No. 20030299

Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge.
AFFIRMED.
Per Curiam. Arthur Warren Stokes (on brief), State's Attorney, 413 3rd Avenue North, Wahpeton, N.D. 58075, for plaintiff and appellee.
Henry H. Howe, Howe & Seaworth, 421 DeMers Avenue, Grand Forks, N.D. 58201, for defendant and appellant.


State v. Markel

No. 20030299
Per Curiam.

1] Douglas L. Markel appealed from a criminal judgment entered on a jury verdict finding him guilty of class B felony possession of a controlled substance with intent to deliver in violation of N.D.C.C. § 19-03.1-23(1)(b). On appeal, Markel argues the district court erred in admitting an exhibit in evidence and in allowing a witness to testify as an expert. Markel also argues the evidence was insufficient to establish that he possessed the controlled substance with intent to deliver. We affirm the judgment under N.D.R.App.P. 35.1(a)(3) and (4).

2]Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring