State v. Erickson

VANDE WALLE, Chief Justice.

[¶ 1] The State of North Dakota appealed the district court’s order dismissing the criminal action against Drew Wyatt Erickson for unlawful consumption of alcohol by a minor. We vacate the order of the district court and remand for sentencing.

I

[¶ 2] On July 30, 2010, Erickson attended a concert at the North Dakota State Fair in Minot. A security guard observed him holding a cup of red liquid and escorted him to a sheriffs deputy. The deputy smelled the liquid in the cup, determined it contained alcohol, and asked Erickson his age. Erickson stated he was twenty years…