Estate of Hollingsworth

Filed 1/12/12 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2012 ND 6 State of North Dakota, Plaintiff and Appellee v. Matthew Swearingen, Defendant and Appellant No. 20110227 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. State v. Swearingen No. 20110227 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] Gerald W. VandeWalle, C.J. Mary Muehlen Maring Daniel J. Crothers Dale V. Sandstrom Carol Ronning Kapsner