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Wheeler v. JahnkeNos. 20040361 & 20040362

Per Curiam.

[¶1] LeRoy K. Wheeler appealed from a district court order affirming a magistrate's finding of probable cause to bind him over for trial on charges of gross sexual imposition and encouraging the deprivation of a minor. Wheeler argues the magistrate did not have probable cause to bind him over for trial. Wheeler filed a petition for writ of certiorari with the district court, and the district judge granted the petition on procedural grounds. The district court thereafter issued its order denying Wheeler substantive relief. After reviewing the record as it existed at the time of the probable-cause determination and the transcript from Wheeler's preliminary hearing, we conclude there was probable cause to bind Wheeler over for trial. The district court's order, which we view as an order quashing Wheeler's writ of certiorari, is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

[¶2]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring
[¶3] The Honorable William A. Neumann, a member of the Court when this case was heard, resigned effective March 14, 2005, and did not participate in this decision.