[Go to Docket] | Filed Nov. 19, 1987 |
State of North Dakota, Plaintiff and Appellee
v.
Robert D. Olson, Defendant and Appellant
Criminal Nos. 870150, 870151, and 870152
Appeal from the County Court of Burleigh County, South Central Judicial District, the Honorable Donavin L. Grenz, Judge.
AFFIRMED.
Opinion of the Court by Meschke, Justice.
Anna M. Frissell, Assistant States Attorney, Courthouse, 514 East Thayer, Bismarck, ND 58501, for plaintiff and appellee.
Rosenberg & Espeseth, P.C., 400 E. Broadway, Suite 401, P.O. Box 1278, Bismarck, ND 58502-1278, for defendant and appellant; argued by Ross H. Espeseth.
State v. Olson
Meschke, Justice.
Robert Olson appealed from his convictions on three charges of disorderly conduct, arguing insufficient evidence to support the verdicts. We affirm.
Olson was charged under NDCC 12.1-31-01(5), the disorderly conduct statute, which includes persistent following of another person with the intent to harass. Olson waived a jury trial. The trial court found him guilty on all three charges. Olson appealed, arguing lack of evidence to support a persistent pattern of behavior and lack of evidence to support intent.
"[T]he trial court is the trier of facts and thus its findings will have the same force and effect as a jury verdict upon review in the appellate court." State v. Saul, 346 N.W.2d 282, 283 (N.D. 1984). The verdict of the trial court is supported by substantial evidence. We affirm under NDRAppP 35.1(a)(3).
Herbert L. Meschke
Vernon R. Pederson, S.J.
Beryl J. Levine
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.
Pederson, S.J., sitting in place of GIERKE, J., disqualified.