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State v. Norby4/19/2002
roperly exercised its jurisdiction over an alleged criminal offense committed within its judicial district. Norby has failed to show the district court lacked jurisdiction.
2.
[ ] The criminal complaint alleged two offenses: (1) reckless endangerment in violation of N.D.C.C. § 12.1-17-03 and (2) driving a motor vehicle while under the influence of intoxicating liquor causing serious bodily harm in violation of N.D.C.C. §§ 39-08-01 and 39-08-01.2. In support of count one, the State alleged Norby "drove a motor vehicle in a manner that showed extreme indifference to the value of human life, specifically driving a motor vehicle with excess speed off the road, striking a pedestrian, . . . causing serious bodily injury." In support of count two, the State alleged Norby drove while "under the influence of intoxicating liquor and/or with an alcohol concentration" over the legal limit and "caused serious bodily injury to another."
[ ] In State v. Erban, 429 N.W.2d 408, 410 (N.D. 1988), the State alleged Erban attempted to manufacture a controlled substance. On appeal, Erban argued the substance in question was not a controlled substance. Id. Erban was allowed to present his argument because, had he been correct, the actions alleged by the State would not have been criminal . Id.
[ ] The essence of Norby's argument is not that the State failed to charge her with an offense, but that the State charged her with two offenses. She does not argue her alleged actions failed to constitute the offenses charged. Rather, she argues the two offenses should not be charged simultaneously. Norby has not shown the State failed to charge an offense.
[ ] Norby has not shown the district court lacked jurisdiction or the State failed to charge an offense. Norby's failure to preserve her argument for appeal cannot be remedied by the exception in N.D.R.Crim.P. 12(b)(2).
III.
[ ] Norby's argument was not properly preserved for appeal, and her convictions for reckless endangerment and DUI causing serious bodily harm are affirmed.
[ ] William F. Hodny, S.J., sitting in place of Maring, J., disqualified.
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