State v. DeGroot, 2006 ND 201, 725 N.W.2d 588

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Filed Oct. 17, 2006
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IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2006 ND 201

State of North Dakota, Plaintiff and Appellee
v.
Leslie R. DeGroot, Defendant and Appellant

No. 20050408

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable John T. Paulson, Judge.
AFFIRMED.
Per Curiam.
David Neil Ogren, 13 Centennial Street N., P.O. Box 825, Wishek, N.D. 58495-0825, for defendant and appellant; on brief.
Frederick Russell Fremgen, State's Attorney, 511 2nd Avenue SE, Jamestown, N.D. 58401, for plaintiff and appellee; on brief.


State v. DeGroot

No. 20050408
Per Curiam.

1] Leslie DeGroot appeals from a criminal judgment after a district court denied two N.D.R.Crim.P. 29(a) motions for judgment of acquittal and a jury found him guilty of theft of property. DeGroot argues the court erred in denying the motions for judgment of acquittal and the State failed to present sufficient evidence to support the jury's verdict. The record supports the jury's finding that DeGroot knowingly took or exercised unauthorized control over, or made an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof. See N.D.C.C. § 12.1-23-02(1).

2] We therefore affirm the judgment under N.D.R.App.P. 35.1(a)(3).

3]Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom