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STATE v. KENSMOE

No. 20010183.

636 N.W.2d 183 (2001)

2001 ND 190

STATE of North Dakota, Plaintiff and Appellee, v. Lesa M. KENSMOE, n/k/a Lesa Benedict, Defendant and Appellant.

Supreme Court of North Dakota.

December 5, 2001.

Attorney(s) appearing for the Case

Birch P. Burdick, State's Attorney, Courthouse, Fargo, N.D., for plaintiff and appellee.

William S. Kirschner, Las Cruces, N.M., for defendant and appellant.

Robert P. Bennett, Attorney General's Office, Bismarck, N.D., amicus curiae.

SANDSTROM, Justice.

[¶ 1] Lesa Kensmoe (now known as Lesa Benedict) appealed from a Cass County District Court restitution order extending her probation period. Kensmoe also argued N.D.C.C. § 29-08-28, authorizing a district court to apply bail posted by a third party to the defendant's restitution, costs, or fines, is unconstitutional. Concluding the trial court acted within its statutory power in extending Kensmoe...

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