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Goebel appealed from a criminal judgment entered after a jury found him guilty of two counts of gross sexual imposition. However, Goebel testified the officers never told him that he could leave.[¶7] Agent Dupree began the interview by informing Goebel that J. On the other hand, Goebel testified that he asked for an attorney sometime during the interview.[¶8] After Goebel signed the Miranda waiver, Agent Dupree questioned him for about an hour and fifteen minutes. At the suppression hearing, Agent Dupree testified that he does not use a tape recorder at the beginning of an interview because he wants the subject to speak freely. testified that the sexual contact occurred in about 1988 or 1989 when he was six or seven years old, which was prior to the time his grandparents owned the house in Wishek. § 12.1-20-03(2)(a) for allegedly having sexual contact with his nephew and his niece, J. Sheriff Peters testified that after he introduced Goebel and Agent Dupree, he informed Goebel that he would not be placed under arrest and would be able to leave that day, regardless of the outcome of the interview. Sheriff Peters and Agent Dupree both testified that Goebel never asked for an attorney, and if he had, the interview would have ceased immediately. After about an hour of questioning, Agent Dupree tape-recorded the last fifteen minutes of the interview.
Opinion of the Court by Vande Walle, Chief Justice. Additionally, Goebel argues his Miranda rights were violated because he asked for an attorney during the interview, but the officers did not cease questioning him at that point.[¶13] A law enforcement officer is required to give Miranda warnings only when a person is subject to custodial interrogation. In December 2002, when she was fifteen years old, D. The State filed a criminal complaint against Goebel in June 2005, when D. G.'s grandparents did not own a home in Wishek when he was six or seven years old. G.'s testimony was "unspecific and unbelievable."[¶32] The tasks of weighing the evidence and judging the credibility of witnesses belong to the jury. The ratio of number of residents in Wishek to the number of sex offenders is 490 to 1. Wishek-area historical tornado activity is slightly above North Dakota state average. He claims that the statements were obtained in violation of his Fifth Amendment right against self-incrimination, that his confession was involuntary, and that the North Dakota Constitution gives criminal defendants the right to have their custodial interrogations electronically recorded.[¶11] When reviewing a district court's ruling on a motion to suppress, we defer to the district court's findings of fact and resolve conflicts in testimony in favor of affirmance. Goebel claims he was in custody during the interview, and therefore he was entitled to Miranda warnings. She testified that multiple instances of sexual contact occurred when she was seven and eight years old. Thus, the district court correctly applied the current version of § 29-04-03.1 to this charge. The offense was reported to law enforcement authorities in December 2002, within the initial seven-year limitation period. Because the prosecution was commenced within seven years as required by § 29-04-03.1, the district court did not err when it refused to dismiss the charge based on the sexual abuse of D. IV[¶31] Finally, Goebel argues his conviction should be reversed because the evidence presented at trial was insufficient to support the guilty verdicts on both counts. G.'s testimony about the sexual contact could not have been true because J. We look only to the evidence most favorable to the verdict and the reasonable inferences therefrom to see if there is substantial evidence to warrant a conviction. , at ¶ 25.[¶34] In this case, the State presented sufficient evidence to support Goebel's conviction on two counts of gross sexual imposition. Box 248, Ashley, ND 58413-0248, for plaintiff and appellee. Additionally, the district court found that Goebel was read his Miranda rights, that he signed a waiver of rights form, and that he did not ask for an attorney.[¶10] Goebel contends his incriminating statements should have been suppressed on three different grounds. Generally, a district court's decision to deny a motion to suppress will not be reversed if there is sufficient competent evidence capable of supporting the district court's findings, and if its decision is not contrary to the manifest weight of the evidence. A[¶12] Goebel argues the statements he made during the interview were obtained in violation of his Fifth Amendment right against self-incrimination. At this time, law enforcement authorities were informed of the report.[¶30] If the offenses occurred in 1993, the earliest date alleged by the State, the statute of limitations against Goebel would not have expired at the time the limitation period was extended in 1993. was under the age of fifteen at the time of the sexual abuse, the statute of limitations did not begin to run until her fifteenth birthday in 2002. After viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, we will only reverse a conviction if no rational fact finder could have found the defendant guilty beyond a reasonable doubt. Located in the heart of rolling hills and open spaces, Wishek provides a great place to visit, work and live!
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It is also undisputed that Goebel signed a waiver of rights form at that time. § 12.1-20-03(2)(a) for allegedly engaging in sexual contact with D.