State v. AntonCriminal No. 920148

VandeWalle, Justice.

David J. Anton appealed from a district court judgment which sentenced him to the North Dakota State Penitentiary based upon the verdicts of a jury which found him guilty of two counts of delivery of a controlled substance pursuant to section 19-03.1-23, NDCC. Anton raises issues concerning the sufficiency of the evidence and alleges he was unduly prejudiced by the fact that the two counts were tried as two offenses rather than one offense.

The judgment of the district court is affirmed under Rule 35.1(a)(1), (3) and (4), N.D.R.App.P.

Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
J. Philip Johnson
Ralph J. Erickstad, C. J.