[Go to Docket] | Filed Dec. 2, 1997 | [Download as WordPerfect] |
Criminal No. 970199
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Ralph R. Erickson, Judge.
AFFIRMED.
Per Curiam.
Christopher C. Myers, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee.
Gordon A. Dexheimer, P.O. Box 342, Fargo, ND 58107, for defendant and appellant.
State v. Feigert
[¶1] Darrell J. Feigert appealed from a Criminal Judgment and Commitment issued following a jury verdict of guilt for the crime of issuing a check without account, a class C felony, in violation of N.D.C.C. § 6-08-16.2. Feigert argues ineffective assistance of counsel. We ordinarily will not consider an argument of ineffective assistance of counsel on direct appeal and do not do so here. State v. Antoine, 1997 ND 100, ¶9, 564 N.W.2d 637 (stating repeatedly a claim of ineffective assistance of counsel should not be brought on direct appeal).
[¶2] Feigert also argues the introduction of his prior conviction, an element of the crime charged, was obvious error even though Feigert failed to object. Feigert further argues the court committed obvious error when it read the information to the jury pool and did not read it again to the impaneled and sworn jury even though Feigert waived the reading of the information when asked by the court. See N.D.C.C. § 29-21-01, 02.
[¶3] We summarily affirm the Criminal Judgment under Rule 35.1, N.D. R. App. P.
| [¶4] | Gerald W. VandeWalle, C.J. |