North Dakota v. Mayland

Charles Mayland appealed his conviction entered upon a jury finding him guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor fourth-offense, a class C felony. The North Dakota Supreme Court held a defendant fails to preserve a jury instruction issue for appellate review when he stipulates to the exclusion of a jury instruction regarding prior convictions. Furthermore, the crime of actual physical control may occur on private property, including a private driveway. Here, the parties stipulated to the existence of Mayland's prior convictions, and Mayland's driveway was within the scope of the statute. Therefore, the Supreme Court affirmed Mayland's conviction. View "North Dakota v. Mayland" on Justia Law