City of Fargo v. Komad

[¶ 22] Because the district court proceeded properly, the judgment should be affirmed. Eldin Komad’s argument that the district court violated his constitutional right to be present at trial is without merit. Further, the district court’s actions were consistent with our rules and statutes. I, therefore, respectfully dissent.

I

[¶23] In Fargo Municipal Court, Ko-mad was charged with theft. At a bench *625trial, Komad was found guilty. He appealed to the district court for “trial anew” as provided by N.D.C.C. § 40-18-19.

[¶ 24] On December 12, 2005, at 1:30 p.m., the date scheduled for the “trial…