State v. Koon

• Decision Date: 21 July 2022
• Docket Number: 20220018
• Citation: 977 N.W.2d 740 (Mem)
• Parties: STATE of North Dakota, Plaintiff and Appellee v. Jerome Wesseh KOON, Jr., Defendant and Appellant
• Court: North Dakota Supreme Court

977 N.W.2d 740 (Mem)

STATE of North Dakota, Plaintiff and Appellee
v.
Jerome Wesseh KOON, Jr., Defendant and Appellant

No. 20220018

Supreme Court of North Dakota.

FILED July 21, 2022

Joshua J. Traiser, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.

Samuel A. Gereszek, Grand Forks, ND, for defendant and appellant.

Per Curiam.

¶1] Jerome Koon appeals from a criminal judgment in which he was found guilty of reckless endangerment and unlawful possession of a firearm, among other convictions, and challenges the sufficiency of

[977 N.W.2d 741

the evidence for those convictions. Koon argues the evidence was insufficient to support his conviction for reckless endangerment because he acted in self-defense and withdrew from the encounter before he shot at the victim. Koon argues the evidence was insufficient to support his conviction for unlawful possession of a firearm because he was excused from the conduct.

[¶2] Viewing the evidence in the light most favorable to the verdicts, we conclude substantial evidence exists that could allow a jury to draw a reasonable inference in favor of conviction. State v. Samaniego , 2022 ND 38, ¶ 7, 970 N.W.2d 222 (cleaned up) ("A defendant challenging...