State v. Olsen ( 2021 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
DECEMBER 23, 2021
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2021 ND 230State of North Dakota, Plaintiff and Appellee
v.
Thomas Lynn Olsen, Defendant and Appellant
No. 20210127
Appeal from the District Court of Griggs County, Southeast Judicial District,
the Honorable James D. Hovey, Judge.
AFFIRMED.
Per Curiam.
Jayme J. Tenneson, State’s Attorney, Lakota, ND, for plaintiff and appellee.
Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant.
State v. Olsen
No. 20210127
Per Curiam.
[¶1] Thomas Olsen appeals from a criminal judgment entered after a jury
found him guilty of gross sexual imposition. On appeal, Olsen argues the
district court erred in denying his N.D.R.Crim.P. 29 motion regarding time as
an essential element. He also argues the court’s preliminary ruling on probable
cause pursuant to N.D.R.Crim.P. 4, 5, and 5.1 undermines the integrity of the
judicial process. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7);
State v. Montplaisir, 2015 ND 237, ¶ 16, 869 N.W.2d 435 (“A defendant who is
found guilty at trial may not, on appeal, challenge the district court’s decision
on probable cause at the preliminary hearing.”).
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1