State v. Simundson

[¶1] Shane L. Simundson appealed from a jury verdict finding him guilty of actual physical control under N.D.C.C. § 39-08-01. Simundson argues that he was parked in an area to which the public had no right of access, and thus there was insufficient evidence to satisfy the elements of N.D.C.C. § 39-08-01. We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (7), concluding there is sufficient evidence in the record to sustain the conviction. See State v. Novak , 338 N.W.2d 637 , 639-40 (N.D. 1983) (agreeing with other courts that the prohibition on actual physical control applies anywhere…