|Filed June 24, 1997|
1997 ND 121
State of North Dakota, Plaintiff and Appellee
Gerald Lee DeCoteau, Defendant and Appellant
Criminal No. 960324
Appeal from the District Court for Morton County, South Central Judicial District, the Honorable Benny A. Graff, Judge.
Gregory Ian Runge (argued), Suite A, 418 E. Rosser Avenue, Bismarck, N.D. 58501, for defendant and appellant.
Brian David Grosinger (argued), Assistant State's Attorney, 210-2nd Avenue Northwest, Mandan, N.D. 58554, for plaintiff and appellee.
State v. DeCoteau
[¶1] Gerald DeCoteau was convicted by a jury of Gross Sexual Imposition on August 22, 1996, and sentenced to the State Penitentiary for ten years. DeCoteau appeals, claiming the evidence presented at trial was insufficient to sustain a guilty verdict; the trial court abused its discretion in refusing to grant a continuance to await DNA testing results; and ineffective assistance of counsel. The conviction is affirmed under Rule 35.1(a)(3), N.D.R.App.P.
|[¶2]||Gerald W. VandeWalle, C.J.|
Mary Muehlen Maring
Herbert L. Meschke
Dale V. Sandstrom
William A. Neumann