State v. Walch

LEVINE, Justice.

Russell Walch appeals from a county court judgment, finding him guilty of traveling 75 miles per hour in a 55 mile an hour zone. We dismiss the appeal.

Neither party raised the issue of whether a county court judgment in a noncriminal traffic case is appealable to this court but we may consider appealability sua sponte and we do so in this case. E.g., Ceartin v. Ochs, 479 N.W.2d 863 (N.D.1992); City of Bismarck v. Walker, 308 N.W.2d 359 (N.D.1981). Section 39-06.1-03(5)(a), NDCC, says, in relevant part:

“If a person is aggrieved by a finding that he committed the [noncriminal…