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STATE v. LEPPERT

No. 20020160.

656 N.W.2d 718 (2003)

2003 ND 15

STATE of North Dakota, Plaintiff and Appellant, v. Mark LEPPERT, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied March 26, 2003.

Attorney(s) appearing for the Case

Jonathan R. Byers (argued), Assistant Attorney General, Bismarck, ND, and Daniel Dean Narum (on brief), State's Attorney, LaMoure, ND, for plaintiff and appellant.

Gary D. Neuharth, Oakes, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] The State appealed an order denying its motion to require Mark Leppert to submit an oral swab under N.D.C.C. § 31-13-03 for a deoxyribonucleic acid ("DNA") sample. We hold 2001 amendments to N.D.C.C. § 31-13-03 authorize DNA testing of persons convicted of certain nonsexual felonies and establish a DNA data base for the test results of persons convicted of those offenses. We hold the amended statute is rationally related to a...

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