State v. SwensonCriminal No. 870124

VandeWalle, Justice.

Perry D. Swenson appealed from a judgment of conviction finding him guilty of the crime of driving while his license was under suspension pursuant to Section 39-06-42, N.D.C.C. Swenson contends that even though the State offered evidence that a notice of suspension had been mailed to him, the trial court erred in finding him guilty because of evidence Swenson presented that he did not receive the notice of suspension.

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 the judgment under Rules 35.1(a)(3) and 35.1(a)(7), N.D.R.App.P., and in light of our decision in State v. Tininenko, 371 N.W.2d 762 (N.D. 1985).

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