State v. Allesi

ERICKSTAD, Chief Justice.

This is an appeal by the Plaintiff, State of North Dakota, from an order of the District Court for the First Judicial District, which dismissed the charges and discharged the Defendant, Mario J. Allesi.

Mr. Allesi was charged with delivering the controlled substance methamphetamine in violation of Section 19-03.1-09, N.D.C.C.

At the close of the State’s case, Mr. Al-lesi made a motion for an advised verdict of acquittal on the grounds that the State failed in its burden of proof and failed to prove a prima facie case. Instead of acting on the specific motion the court…