North Dakota Supreme Court

State v. Adams

July 18, 20242024 ND 139

Summary

The court affirmed Adams’s convictions, concluding the attempted gross sexual imposition instructions adequately required intentional conduct and that the kidnapping instructions did not violate unanimity requirements. It held Adams waived his challenges to the kidnapping instructions and forfeited his argument concerning the class of kidnapping offense, but exercised obvious-error discretion because he was sentenced for a class A felony when the proven facts supported only a class B felony. The court therefore reversed the kidnapping sentence and remanded for resentencing.