North Dakota v. Pemberton
Annotate this CaseLorenzo Pemberton appealed a district court’s criminal judgment entered after a jury found him guilty of aggravated assault, interference with an emergency call, felonious restraint, attempted murder, and child neglect. Pemberton was part of an incident involving his girlfriend, which occurred during the night of February 22 and extended into February 23, 2018. During the incident, Pemberton and the victim’s argument escalated and the victim eventually placed a 911 emergency call. Following the call, the argument became physical and Pemberton was alleged to have struck the victim and pushed her to the ground. While they were struggling on the ground, the victim saw a screwdriver on the floor, picked it up, and allegedly struck Pemberton with it. Pemberton obtained control of the screwdriver from the victim and struck her with it. Eventually law enforcement arrived at the scene, and Pemberton was taken into custody and placed under arrest. Pemberton argued the district court erred in granting the State’s motion to amend the criminal information one week before trial, the jury was provided improper instructions, the jury was provided with an improper verdict form, and the district court failed to properly admonish the jury before each break in the trial proceedings. Finding no reversible error, the North Dakota Supreme Court affirmed.
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