State v. Johnson

925 N.W.2d 396 (Mem)

STATE of North Dakota, Plaintiff and Appellee

v.Lucas Michael JOHNSON, Defendant and Appellant

No. 20180349

Supreme Court of North Dakota.

Filed April 11, 2019

Justin J. Schwarz, Assistant City Attorney, Bismarck, ND, for plaintiff and appellee.

Yancy B. Cottrill, Bismarck, ND, for defendant and appellant.

Per Curiam.

[¶1] Lucas Michael Johnson appeals from a criminal judgment entered after he conditionally pleaded guilty to unlawful possession of a controlled substance and unlawful possession of drug paraphernalia. Johnson argues the district court erred by denying his motion to suppress evidence obtained during a search unsupported by reasonable and articulable suspicion. We conclude there is sufficient competent evidence supporting the district court’s finding of a traffic violation constituting reasonable and articulable suspicion for the stop. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2) and (7). See State v. Asbach , 2015 ND 280, ¶¶ 11-14, 871 N.W.2d 820.

[¶2] Gerald W. VandeWalle, C.J.

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte

Jon J. Jensen