State v. Brown ( 2020 )

Filed 2/12/20 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2020 ND 29
State of North Dakota Plaintiff and Appellee
v.
Orlando Joseph Brown, Defendant and Appellant
No. 20190206
Appeal from the District Court of Grand Forks County, Northeast Central
Judicial District, the Honorable Lolita G. Hartl Romanick, Judge.
AFFIRMED.
Per Curiam.
Sarah W. Gereszek, Assistant State’s Attorney, Grand Forks, ND, for plaintiff
and appellee.
Benjamin C. Pulkrabek, Mandan, ND, for defendant and appellant.
State v. Brown
No. 20190206
Per Curiam.
[¶1] Orlando Joseph Brown appealed from a criminal judgment entered after
a jury found him guilty of aggravated assault and two counts of gross sexual
imposition. Brown argues the district court erred by issuing a pre-trial order
allowing the State to introduce at trial evidence of past incidents of domestic
violence that occurred between Brown and the victim within the three week
period prior to the incident that led to the above stated charges. We conclude
the district court did not abuse its discretion in issuing a pre-trial order
permitting the State to introduce this prior-act evidence under N.D.R.Ev.
404(b). We summarily affirm under N.D.R.App.P. 35.1(a)(4).
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1