|Filed Jan. 12, 2012|
State of North Dakota, Plaintiff and Appellee
Matthew Swearingen, Defendant and Appellant
Appeal from the District Court of Ramsey County, Northeast Judicial District, the Honorable Donovan J. Foughty, Judge.
Lonnie Olson, State's Attorney, 524 4th Avenue NE, Unit 16, Devils Lake, ND 58301, for plaintiff and appellee.
William R. Hartl, P.O. Box 319, Rugby, ND 58368-0319, for defendant and appellant.
State v. Swearingen
[¶1] Matthew Swearingen appeals from a trial court's judgment finding him guilty of gross sexual imposition. On appeal, Swearingen claims there is insufficient evidence to support the trial court's decision. Specifically, Swearingen argues it was neither alleged nor proven that his conduct was "for the purpose of arousing or satisfying sexual or aggressive desires." N.D.C.C. 12.1-20-02(5).
[¶2] We affirm under N.D.R.App.P. 35.1(a)(3).
|[¶3]||Gerald W. VandeWalle, C.J.|
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner