State v. Hebert, 920 N.W.2d 306 (N.D. 2018). · Go Syfert
Search
State v. Hebert, 920 N.W.2d 306 (N.D. 2018). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" State v. Vigen (2×)
N.D. · 2019 · signal: see · confidence high
See LeClair, 2018 ND 255, ¶ 7 , 920 N.W.2d 306 .
Retrieving the full opinion text from the archive…
STATE of North Dakota, Plaintiff and Appellee
v.
Mark HEBERT, Defendant and Appellant
20180171.
North Dakota Supreme Court.
Dec 6, 2018.
920 N.W.2d 306
Brian D. Grosinger, Assistant State's Attorney, Mandan, ND, for plaintiff and appellee., April E. Olson (argued), Tempe, AZ, Peter Schoenburg (on brief), Albuquerque, NM, and Bruce D. Nestor (on brief), Minneapolis, MN, for defendant and appellant.
Per Curiam.
Cited by 2 opinions  |  Published
Per Curiam.

[¶ 1] Mark Hebert appeals from a criminal judgment convicting him of tampering or damaging a public service. The district court found Hebert's conduct, by standing on or near railroad tracks, amounted to tampering with a public service. Hebert argues the district court misinterpreted the law and the conduct alleged could not have supported a conviction for tampering or damaging a public service. We agree, concluding State v. Jessee , 2018 ND 241 , 919 N.W.2d 335 , is dispositive of this appeal. We summarily reverse the district court's judgment under N.D.R.App.P. 35.1(b), concluding the evidence did not establish Hebert's presence on or near the tracks constituted tampering with tangible property. See Jessee , at ¶ 13 (tampering under N.D.C.C. § 12.1-21-06(1)(a) requires a change, alteration, or harmful conduct towards the tangible property of another).

[¶ 2] Gerald W. VandeWalle, C.J.

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte

Jon J. Jensen