STATE v. FLANAGAN

No. 20030247.

680 N.W.2d 241 (2004)

2004 ND 112

STATE of North Dakota, Plaintiff and Appellee v. David FLANAGAN, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied June 30, 2004.


Attorney(s) appearing for the Case

Lloyd Clayton Suhr, Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Chad R. McCabe, Vinje Law Firm, Bismarck, ND, for defendant and appellant.


VANDE WALLE, Chief Justice.

[¶ 1] David Flanagan appealed from a criminal judgment entered upon a jury verdict finding him guilty of gross sexual imposition. We conclude the trial court committed obvious error in failing to instruct the jury on the elements of gross sexual imposition, but reversal of the judgment is not warranted because this record establishes the error did not seriously affect the fairness, integrity, or public reputation of the judicial proceeding...

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