State v. Heywood

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
APRIL 14, 2022
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2022 ND 74State of North Dakota, Plaintiff and Appellee
v.
Paxton Benjamin Heywood, Defendant and Appellant
No. 20210259
Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable Pamela A. Nesvig, Judge.
AFFIRMED.
Per Curiam.
Anna A. Argenti, Assistant State’s Attorney, Bismarck, N.D., for plaintiff and
appellee; submitted on brief.
Joshua L. Weatherspoon and Aaron D. Pulanco, Bismarck, N.D., for defendant
and appellant; submitted on brief.
State v. Heywood
No. 20210259
Per Curiam.
[¶1] Paxton Heywood appeals from a criminal judgment entered after a jury
found him guilty of gross sexual imposition. Heywood argues the district court
erred by granting the State’s motion to amend the information, and the jury
verdict was not supported by sufficient evidence. Viewing the evidence in the
light most favorable to the verdict, we conclude substantial evidence exists that
could allow a jury to draw a reasonable inference in favor of conviction. We also
conclude the court did not abuse its discretion by granting the State’s motion
to amend the information. We summarily affirm under N.D.R.App.P. 35.1(a)(3)
and (4).
[¶2] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1