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CITY OF FARGO v. ROBERSON

No. 20010038.

636 N.W.2d 926 (2001)

2001 ND 204

CITY OF FARGO, Plaintiff and Appellee, v. Robbie Del James ROBERSON, Defendant and Appellant.

Supreme Court of North Dakota.

December 20, 2001.

Attorney(s) appearing for the Case

Michael S. Montgomery of Montgomery, Goff and Bullis, Fargo, N.D., for defendant and appellant.

Timothy Michael O'Keeffe, City Prosecutor, Fargo, N.D., for plaintiff and appellee.

NEUMANN, Justice.

[¶ 1] Robbie Del James Roberson appeals from a judgment finding him guilty of unlawfully resisting an officer. Roberson argues he was justified in resisting the officer because the officer was acting unlawfully, and the evidence was insufficient to support the conviction. We affirm.

I

[¶ 2] Shortly before 1:00 a.m., March 3, 2000, Roberson was walking through a parking lot in Fargo. Officer Chris Potter was on patrol and...

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