State v. Letcher

[¶ 39] I respectfully dissent on Issue II. To me there must be an evidentiary basis to overturn this conviction on an abuse of discretion standard of review. I would submit that such evidence cannot be found in this record. We have defined an abuse of discretion as:

An abuse of discretion has been defined by this Court as a decision which is not justified by and clearly against reason and evidence. We will not reverse a decision if ‘we believe a judicial mind, in view of the law and the circumstances could reasonably have reached that conclusion.’

Dakota Cheese, Inc. v. Taylor, 525 N.W.2d 713,…