State v. Hebert

[¶ 1] Mark Hebert appeals from a criminal judgment convicting him of tampering or damaging a public service. The district court found Hebert's conduct, by standing on or near railroad tracks, amounted to tampering with a public service. Hebert argues the district court misinterpreted the law and the conduct alleged could not have supported a conviction for tampering or damaging a public service. We agree, concluding State v. Jessee , 2018 ND 241 , 919 N.W.2d 335 , is dispositive of this appeal. We summarily reverse the district court's judgment under N.D.R.App.P. 35.1(b), concluding the…