State v. Weah , 2023 ND 177 ( 2023 )

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
SEPTEMBER 28, 2023
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 177State of North Dakota, Plaintiff and Appellee
v.
Gracious Jamesetta Weah, Defendant and Appellant
No. 20220361
Appeal from the District Court of Barnes County, Southeast Judicial District,
the Honorable Jay A. Schmitz, Judge.
AFFIRMED.
Per Curiam.
Marina Spahr, Attorney General’s Office, Bismarck, ND, for plaintiff and
appellee; sumbitted on brief.
Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant; submitted
on brief.
State v. Weah
No. 20220361
Per Curiam.
[¶1] Gracious Weah appeals from the district court’s judgment entered after
a jury convicted her of aggravated assault with permanent loss or impairment
and reckless endangerment with extreme indifference. Weah argues the jury
lacked evidence supporting a finding she acted intentionally and her fellow
employees regularly acted below the minimum standards set by their
employer’s policies.
[¶2] “In reviewing challenges to the sufficiency of the evidence on appeal, the
defendant ‘bears the burden of showing the evidence reveals no reasonable
inference of guilt when viewed in the light most favorable to the verdict.’” State
v. Rai, 2019 ND 71, ¶ 13, 924 N.W.2d 410 (citing State v. Truelove, 2017 ND
283, ¶ 7, 904 N.W.2d 342). After reviewing the record, we conclude sufficient
evidence exists for a jury to find Weah committed the charged offenses. We
affirm under N.D.R.App. 35.1(a)(3).
[¶3] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
1