20060147Appeal from the District Court of Mc Intosh County, South Central Judicial District, the Honorable Thomas J. In this case, we need not decide whether Goebel was in custody for Miranda purposes.
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He claims that the statements were obtained in violation of his Fifth Amendment right against self-incrimination, that his confession was involuntary, and that the North Dakota Constitution gives criminal defendants the right to have their custodial interrogations electronically recorded.[¶11] When reviewing a district court's ruling on a motion to suppress, we defer to the district court's findings of fact and resolve conflicts in testimony in favor of affirmance. Goebel claims he was in custody during the interview, and therefore he was entitled to Miranda warnings. She testified that multiple instances of sexual contact occurred when she was seven and eight years old. Thus, the district court correctly applied the current version of § 29-04-03.1 to this charge. The offense was reported to law enforcement authorities in December 2002, within the initial seven-year limitation period. Because the prosecution was commenced within seven years as required by § 29-04-03.1, the district court did not err when it refused to dismiss the charge based on the sexual abuse of D. IV[¶31] Finally, Goebel argues his conviction should be reversed because the evidence presented at trial was insufficient to support the guilty verdicts on both counts. G.'s testimony about the sexual contact could not have been true because J. We look only to the evidence most favorable to the verdict and the reasonable inferences therefrom to see if there is substantial evidence to warrant a conviction. , at ¶ 25.[¶34] In this case, the State presented sufficient evidence to support Goebel's conviction on two counts of gross sexual imposition.
Box 248, Ashley, ND 58413-0248, for plaintiff and appellee. Additionally, the district court found that Goebel was read his Miranda rights, that he signed a waiver of rights form, and that he did not ask for an attorney.[¶10] Goebel contends his incriminating statements should have been suppressed on three different grounds. Generally, a district court's decision to deny a motion to suppress will not be reversed if there is sufficient competent evidence capable of supporting the district court's findings, and if its decision is not contrary to the manifest weight of the evidence. A[¶12] Goebel argues the statements he made during the interview were obtained in violation of his Fifth Amendment right against self-incrimination. At this time, law enforcement authorities were informed of the report.[¶30] If the offenses occurred in 1993, the earliest date alleged by the State, the statute of limitations against Goebel would not have expired at the time the limitation period was extended in 1993. was under the age of fifteen at the time of the sexual abuse, the statute of limitations did not begin to run until her fifteenth birthday in 2002. After viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, we will only reverse a conviction if no rational fact finder could have found the defendant guilty beyond a reasonable doubt.
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It is also undisputed that Goebel signed a waiver of rights form at that time. § 12.1-20-03(2)(a) for allegedly engaging in sexual contact with D.