SCHWINDT v. STATE

Civ. No. 930187.

510 N.W.2d 114 (1994)

Lester A. SCHWINDT, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

January 5, 1994.


Attorney(s) appearing for the Case

William G. Heth, Melbye and Heth, Dickinson, for petitioner and appellant.

Tom M. Henning, Asst. State's Atty., Dickinson, for respondent and appellee.


VANDE WALLE, Chief Justice.

Lester Schwindt appealed a judgment dismissing his petition for post-conviction relief. We affirm.

On September 9, 1988, Schwindt was charged with Gross Sexual Imposition, a Class A Felony, in violation of subsection (1)(d) of section 12.1-20-03, N.D.C.C., which proscribes engaging in a "sexual act" with another person under fifteen years old. Under a plea agreement, the complaint was amended to charge Schwindt with violating subsection...

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