State v. Feist, 2008 ND 82

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Filed May 15, 2008
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IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2008 ND 82

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

No. 20070305

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.
AFFIRMED.
Per Curiam.
Julie A. Lawyer, Assistant State's Attorney, 514 E. Thayer Ave., Bismarck, ND 58501-4413, for plaintiff and appellee. Submitted on brief.
Wayne D. Goter, P.O. Box 1552, Bismarck, ND 58502-1552, for defendant and appellant. Submitted on brief.


State v. Feist

No. 20070305

Per Curiam.

1] Douglas Feist appealed from a criminal judgment entered after a jury found him guilty of fleeing or attempting to elude a police officer. Feist contends that he was entitled to a new trial because the trial court allowed evidence and argument relating to his pre-arrest silence and allowed a state witness to testify incorrectly about a traffic law. Feist failed to object to the alleged errors at his trial, raising the issues for the first time on appeal. He also argues the evidence was insufficient to sustain the jury's guilty verdict. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2), (3) and (4).

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