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STATE v. OLSEN (2021)

Supreme Court of North Dakota.2021-12-23No. No. 20210127

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Opinion

[¶1] Thomas Olsen appeals from a criminal judgment entered after a jury found him guilty of gross sexual imposition. On appeal, Olsen argues the district court erred in denying his N.D.R.Crim.P. 29 motion regarding time as an essential element. He also argues the courts preliminary ruling on probable cause pursuant to N.D.R.Crim.P. 4, 5, and 5.1 undermines the integrity of the judicial process. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7); State v. Montplaisir, 2015 ND 237, ¶ 16, 869 N.W.2d 435 (“A defendant who is found guilty at trial may not, on appeal, challenge the district courts decision on probable cause at the preliminary hearing.”). Per Curiam.

[¶2] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte