State v. Midell

VANDE WALLE, Chief Justice.

[¶ 1] The State appealed from a district court order dismissing a charge of gross sexual imposition against Willie Demar Mi-dell. We reverse, concluding the victim’s testimony was neither implausible nor in*646credible as a matter of law, and remand for further proceedings consistent with this opinion.

I

[¶ 2] Willie Demar Midell was charged by information with gross sexual imposition in violation of N.D.C.C. § 12.1-20-03(l)(c). At the preliminary hearing, the complaining witness, S.D.W., testified on behalf of the State. Midell provided the testimony of S.D.W.’s friend,…