Kеvin Kelly Keller appeals from his conviction for stalking. We affirm.
On July 11,1994, a Burleigh County Dеputy Sheriff served a domestic-violence protection order on Kevin. The protection order, issued under NDCC 14 — 07.1-02, prohibited Kevin from contacting his then wifе, Marcia, or from coming within 100 feet of her house or place of work, еxcept to arrange the removal of his personal property from the house. The protection order also required Kevin to return a vehicle to Marcia while accompanied by a peace offiсer. The protection order specifically warned that “violation of this Order is a crime for which you may be arrested and is also criminal contemрt of court.”
On September 29, 1994, Marcia signed a criminal complaint that Kevin violated NDCC 12.1-17-07.1 when he “stalked” her. At a later jury trial, Marcia testified that Kevin had called her about twenty times between July 11 and September 24, and that he had made personal contact with her on three separate occasions when he was not accompanied by a peace officer. Kevin denied making the phone calls and one of the incidents of personal contact, and testified that the other two instances of personal сontact were accidental. The jury found Kevin guilty of stalking, and he was sentenced to
Kevin appeals, arguing that the trial court lacked jurisdiсtion to try him for stalking because a copy of the stalking statute was not attached to the July 11 protection order. NDCC 14-07.1-03.1 says: “When an order is issued under section 14-07.1-02 or 14-07.1-03, the order must include or have attached to it a copy of section 12.1-17-07.1.” Kevin concedes, however, that he failed to present this argument to the trial court.
Generally, a defendant cannot raise an argument for thе first time on appeal when it was not made to the trial court for its considеration.
See State v. Woehlhoff,
“We exercise the power to nоtice obvious error cautiously and only in exceptional circumstances where the defendant has suffered serious injustice,” we have often explained.
Woehlhoff,
Kevin argues thеre was insufficient evidence for the jury to find him guilty of stalking. Specifically, becаuse the protection order allowed him to contact Marcia tо arrange the retrieval of his personal property, Kevin asserts the State failed to prove his contact with Marcia lacked a “legitimate purpose.” See NDCC 12.1-17-07.1(l)(c). We disagree.
“Our review of the sufficiency of the evidence for a criminal conviction is limited, and we do not reweigh the evidence nor judge the crеdibility of witnesses.”
State v. Torres,
We affirm Kevin’s conviction.
