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CITY OF FARGO v. LUNDAY

No. 20080127.

760 N.W.2d 136 (2009)

2009 ND 9

CITY OF FARGO, Plaintiff and Appellee v. John Herald LUNDAY III, Defendant and Appellant.

Supreme Court of North Dakota.

February 3, 2009.

Attorney(s) appearing for the Case

Scott Orel Diamond (on brief), City Prosecutor's Office, Fargo, ND, for plaintiff and appellee.

Joe Allen Johnson (on brief), Fargo, ND, for defendant and appellant.

CROTHERS, Justice.

[¶ 1] John Lunday appeals from the district court's criminal judgment entered after a jury found him guilty of driving under suspension. Lunday contends insufficient evidence exists to support his conviction. We affirm, concluding Lunday did not preserve the issue of sufficiency of the evidence and the district court did not commit obvious error.

I

[¶ 2] Around midnight on October 2, 2007, Fargo Police Officer Witte observed...

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