State v. Woehlhoff

• Decision Date: 12 April 1994
• Docket Number: Cr. N
• Citation: 515 N.W.2d 192
• Parties: STATE of North Dakota, Plaintiff and Appellee, v. Courtney WOEHLHOFF, Defendant and Appellant. o. 930137CA.
• Court: North Dakota Court of Appeals

Page 192

515 N.W.2d 192

STATE of North Dakota, Plaintiff and Appellee, v. Courtney WOEHLHOFF, Defendant and Appellant.

Cr. No. 930137CA.

Court of Appeals of North Dakota.

April 12, 1994.

Francis C. Rohrich (argued), State's Atty., Linton, for defendant and appellant.

Courtney Woehlhoff, pro se.

JON R. KERIAN, Surrogate Judge.

Courtney Woehlhoff appealed from a judgment of conviction for driving with a suspended license in violation of Section 39-06-42, N.D.C.C., a class B misdemeanor. We affirm.

Woehlhoff argues on appeal that there was insufficient evidence to prove certain allegations in the complaint beyond a reasonable doubt. The North Dakota Supreme Court in State v. Ensz, 503 N.W.2d 236, 238 (N.D.1993), summarized the procedure for review when the sufficiency of the evidence is challenged on appeal:

" 'To successfully challenge the sufficiency of the evidence on appeal, a defendant must convince us that the evidence, when viewed in the light most favorable to the verdict, permits no reasonable inference of guilt.' State v. Raulston, 475 N.W.2d 127, 128 (N.D.1991). 'A verdict for conviction "rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt" after drawing all inferences in favor of the verdict and viewing all evidence in a light most favorable to the prosecution.' State v. Gefroh, 495 N.W.2d 651, 655 (N.D.1993), (quoting State v. Schill, 406 N.W.2d 660, at 660 (N.D.1987)). 'The tasks of weighing the evidence and judging the credibility of witnesses belong exclusively to the jury, not to this Court.' State v. Lovejoy, 464 N.W.2d 386, 388 (N.D.1990). We must assume that the jury believed the evidence supporting the verdict and did not believe contrary evidence. Lovejoy at 388."

The complaint charged Woehlhoff as follows:

"That on the 9th day of December, 1992, City of Strasburg, Emmons County, North Dakota, the above-named Defendant committed the offense of OPERATING A MOTOR VEHICLE WHILE LICENSE PRIVILEGE TO DO SO IS SUSPENDED in violation of Section 39-06-42 NDCC,

"by then and there driving a motor vehicle without a license to do so, to-wit: That on the above date, at 308 S. 1st Street, Strasburg, County of Emmons, North Dakota at approximately 11:10 A.M. the Defendant was found to be driving a 1987 Dodge pickup, license number BYV 621, in which his license was previously revoked or suspended for refusing to submit to a Blood Alcohol Test."

Woehlhoff argues that "308 S. 1st Street" is the location of the apartment where he resides and that the evidence did not prove he was driving at that particular location. ¹ Woehlhoff also asserts that no evidence was presented to the jury that the reason his license was previously revoked was that he refused to submit to a blood alcohol test.

Technicalities of criminal pleadings have been abolished, and to sufficiently charge an offense a complaint must simply state in plain ordinary language the essential elements of the offense. City of Minot v. Bjelland, 452 N.W.2d 348 (N.D.1990). If words appear in an information or complaint which, if stricken, do not cause omission of any of the essential elements of the offense, those words may be treated as surplusage and wholly disregarded. State v. Woehlhoff, 473 N.W.2d 446 (N.D.1991).

The essential elements of Section 39-06-42, N.D.C.C., are that, (1) the person charged drove a motor vehicle in this state on a highway or on a public or private area to which the public has a right of access for vehicular use, and (2) when the person drove, that person's privilege to drive was suspended or revoked. State v. Grenz, 437 N.W.2d 851 (N.D.1989). To prove this offense it was unnecessary for the prosecution to prove the reason that Woehlhoff's driving privileges were previously revoked or suspended. Those words are merely surplusage in the complaint and can be disregarded. ² Also, to prove this offense it is only necessary to show that the person was driving "in this state." The allegation in the complaint that Woehlhoff was driving "at 308 S. 1st Street" is merely surplusage and can be disregarded.

The record shows that the trial court discussed the elements of the offense with Woehlhoff prior to the trial, and the instructions submitted to the jury stated that the essential elements to convict were that Woehlhoff "drove a motor vehicle, on a highway or on public or private areas to which the public has a right of access for vehicular use in this state" and that "at the time he so drove, his license or privilege to do so was suspended or...