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State of North Dakota, Plaintiff and Appellee v. Tate Allister Pederson, Defendant and Appellant. Rehearing Denied March 22. 2011.

Per Curiam.

[¶ 1] Tate Pederson appeals from a criminal judgment entered on a jury verdict finding him guilty of gross sexual imposition and sexual assault, and from an order dismissing his motion for a new trial. On appeal, Pederson argues insufficient evidence exists to support the guilty verdict. He further asserts the trial court abused its discretion in denying his motion for a new trial based upon newly discovered evidence. We affirm under N.D.R.App.P. 35.1(a)(3) and (4).

[¶ 2] Gerald W. VandeWalle, C.J.

Mary Muehlen Maring

Carol Ronning Kapsner

Dale V. Sandstrom

Daniel J. Crothers

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STATE v. PEDERSON
(Feb 8, 2011)