State v. Darby
Case Date: 03/20/2008
Docket No: 20070092
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State v. DarbyNo. 20070092 Per Curiam. [¶1] Vonnie Darby appealed a criminal judgment after a jury found him guilty of burglary and simple assault. Darby argued the trial court erred in not instructing the jury that a detective's testimony exceeded his ability to testify when the State asked whether he had any doubt in his mind that Darby committed the crime and he answered no. Darby also argued the district court erred as a matter of law in ruling the law library at the Cass County Jail was adequate. Finally, Darby argued the district court erred in sentencing him to multiple punishments for the same offense. We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a) (4) and (7). See State v. Voigt, 2007 ND 100, ¶ 8, 734 N.W.2d 787 (establishing that a defendant must raise double jeopardy issue before or during trial). [¶2] Gerald W. VandeWalle, C.J. |