City of Valley City v. LundCriminal No. 870170

Michael P. Lund appealed from a judgment of conviction finding him guilty of the crime of disorderly conduct in violation of Section 17-12 of the Revised Ordinances of the City of Valley City, North Dakota. Lund contends that there was insufficient evidence to support a finding of guilty.

We have stated that "'in a criminal trial to the court without a jury, the trial court is the trier of facts and thus its findings will have the same force and effect as a jury verdict upon review in the appellate court.'" State v. Saul, 346 N.W.2d 282, 283 (N.D. 1984), quoting State v. Christian, 328 N.W.2d 815, 817 (N.D. 1982). In this case the decision of the trial court is supported by substantial evidence. Therefore, we affirm under Rule 35.1(a)(3), N.D.R.App.P.

Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
H.F. Gierke III
Ralph J. Erickstad, C.J.