State v. Swearingen

Per Curiam

This opinion is subject to petition for rehearing.

Appeal from the District Court of Ramsey County, Northeast Judicial District, the Honorable Donovan J. Foughty, Judge.

AFFIRMED.

Per Curiam.

Lonnie Olson, State's Attorney, 524 4th Avenue NE, Unit 16, Devils Lake, ND 58301, for plaintiff and appellee.

William R. Hartl, P.O. Box 319, Rugby, ND 58368-0319, for defendant and appellant.

Per Curiam

[¶1] Matthew Swearingen appeals from a trial court's judgment finding him guilty of gross sexual imposition. On appeal, Swearingen claims there is insufficient evidence to support the trial court's decision. Specifically, Swearingen argues it was neither alleged nor proven that his conduct was "for the purpose of arousing or satisfying sexual or aggressive desires." N.D.C.C. 12.1-20-02(5).

[¶2] We affirm under N.D.R.App.P. 35.1(a)(3).

[¶3]