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STATE v. AUSTIN

Nos. 20060022, 20060194.

727 N.W.2d 790 (2007)

2007 ND 30

STATE of North Dakota, Plaintiff and Appellee, v. Shawn David AUSTIN, Defendant and Appellant. Shawn David Austin, Petitioner and Appellant, v. State of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

February 28, 2007.

Attorney(s) appearing for the Case

Benjamin C. Pulkrabek, Mandan, N.D., for appellant.

Ladd R. Erickson, State's Attorney, Washburn, N.D., for appellee.

SANDSTROM, Justice.

[¶ 1] Shawn Austin appeals from a judgment entered after a jury found him guilty of gross sexual imposition and from an order denying his petition for post-conviction relief. We affirm.

I

[¶ 2] In January 2005, Austin was charged with gross sexual imposition under N.D.C.C. § 12.1-20-03(2)(a) for allegedly engaging in sexual contact with his former girlfriend's niece, D.L., who was under fifteen years of age.

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