North Dakota Supreme Court, 2023

State v. Entzel

State v. Entzel
North Dakota Supreme Court · Decided September 28, 2023 · Per Curiam
2023 ND 174

State v. Entzel

Opinion

FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT SEPTEMBER 28, 2023 STATE OF NORTH DAKOTA

IN THE SUPREME COURT STATE OF NORTH DAKOTA 2023 ND 174 State of North Dakota, Plaintiff and Appellee v. Nikki Sue Melissa Entzel, Defendant and Appellant

No. 20230078 Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Douglas A. Bahr, Judge.

AFFIRMED.

Per Curiam.

Julie A. Lawyer, State’s Attorney, Bismarck, N.D., for plaintiff and appellee.

Samuel A. Gereszek, Grand Forks, N.D., for defendant and appellant.

State v. Entzel No. 20230078 Per Curiam. [¶1] Nikki Sue Entzel appeals from a criminal judgment entered after a jury convicted her of conspiracy to commit murder. She argues insufficient evidence supports the conviction because her coconspirator did not testify regarding her agreement to commit murder. After reviewing the record, we conclude evidence was presented allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. See State v. Noble, 2023 ND 119, ¶ 4, 992 N.W.2d 518 (explaining “this Court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction”). We summarily affirm the judgment under N.D.R.App.P. 35.1(a)(3). [¶2] Jon J. Jensen, C.J.

Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Stacy J. Louser, D.J.

[¶3] The Honorable Stacy J. Louser, District Judge, sitting in place of Bahr, J., disqualified.

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