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STATE v. VANTREECE

No. 20060139.

736 N.W.2d 428 (2007)

2007 ND 126

STATE of North Dakota, Plaintiff and Appellee, v. Alexander VANTREECE, Defendant and Appellant.

Supreme Court of North Dakota.

July 25, 2007.

Attorney(s) appearing for the Case

Leah Jo Viste, Assistant State's Attorney, Fargo, N.D., for plaintiff and appellee.

Dennis D. Fisher, Fargo, N.D., for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Alexander Vantreece appealed from a criminal judgment entered upon a jury verdict finding him guilty of gross sexual imposition under N.D.C.C. § 12.1-20-03(1)(a). We hold there is not substantial evidence upon which a jury could reasonably find Vantreece compelled the complainant to submit to a sexual act by force, and we reverse the criminal judgment and remand for entry of judgment of acquittal.

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