State v. Gores

Citations

• 2025 ND 194

Syllabus

A criminal judgment entered after a bench trial is affirmed because sufficient evidence supports the convictions. Unlike in a jury trial, a defendant does not need to move for judgment of acquittal under N.D.R.Crim.P. 29 at a bench trial to preserve the issue of sufficiency-of-the-evidence for appeal. The process of \making an arrest\ or \effecting an arrest\ contains many steps, which, if uninterrupted, result in an arrest. \Preventing arrest\ is the charged crime for preventing an officer from \effecting an arrest\ at any point during the arrest process. During the process of \making an arrest\ law enforcement is required to inform the individual of the cause of arrest unless the officer does not have an opportunity to do so. See N.D.C.C. § 29-06-17.