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State of North Dakota, Plaintiff and Appellee v. Randy Scott Jensen, Defendant and Appellant

Per Curiam.

[¶ 1] Randy Jensen appealed from the judgment entered upon his jury conviction for Failure to Appear After Release — Bail Jumping. When the record is viewed in its entirety, there is sufficient evidence to convict Jensen, and the trial court did not abuse its discretion in declining to grant Jensen's N.D.R.Crim.P. 29 motion for acquittal based on insufficiency of the evidence, which was made at the end of the prosecution's case-in-chief. We affirm under N.D.R.App.P 35.1(a)(3) and (4). See State v. Schaeffer, 450 N.W.2d 754,756 (N.D. 1990), overruled on other grounds,_State v. Himmerick, 499 N.W.2d 568, 570-72 (N.D. 1993) (holding that by presenting evidence after a N.D.R.Crim.P. 29 motion is denied at the close of the prosecution's case-in-chief, the defendant permits this Court to review the entire record).

[¶ 2] Gerald W. VandeWalle, C.J.

Dale V. Sandstrom

William A. Neumann

Mary Muehlen Maring

Carol Ronning Kapsner

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STATE v. JENSEN
(Oct 16, 2001)