State v. Matuska

ERICKSTAD, Chief Justice.

The defendant, Mark Thomas Matuska, appeals from the judgment of conviction of burglary. We affirm.

Matuska was initially charged with seven counts in a complaint filed January 29, 1985. Counts one and four were burglary in violation of Section 12.1-22-02, N.D.C.C. The remainder of the counts were theft of property (possession of stolen property) in violation of Section 12.1-23-02, N.D.C.C. At the conclusion of a trial without a jury, Matuska was found guilty of counts one, two, three, and six. It is only the conviction of count one, the burglary conviction, which…