STATE v. RUE

No. 20000317.

626 N.W.2d 681 (2001)

2001 ND 92

STATE of North Dakota, Plaintiff and Appellee, v. Duane RUE, Defendant and Appellant.

Supreme Court of North Dakota.

May 22, 2001.


Attorney(s) appearing for the Case

Robert E. Manly, State's Attorney, New Rockford, ND, for plaintiff and appellee.

Thomas E. Merrick, Merrick & Schaar Law Firm, Jamestown, ND, for defendant and appellant.


SANDSTROM, Justice.

[¶ 1] Duane Rue appeals his escape conviction. Rue argues, under the circumstances, the escape statute does not apply. Alternatively, Rue argues, if the statute does apply, his conduct constituted a misdemeanor rather than a felony. Concluding the escape statute applies to the circumstances, and concluding the record supports Rue's felony conviction, we affirm.

I

[¶ 2] In July 1998, Rue pled guilty to terrorizing, a...

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