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STATE v. VOIGT

No. 20060271.

734 N.W.2d 787 (2007)

2007 ND 100

STATE of North Dakota, Plaintiff and Appellee v. Shane VOIGT, Defendant and Appellant.

Supreme Court of North Dakota.

June 26, 2007.

Attorney(s) appearing for the Case

Lloyd Clayton Suhr, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.

Thomas John Glass, Bismarck, N.D., for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Shane Voigt appealed from a criminal judgment entered on a conditional plea of guilty under N.D.R.Crim.P. 11(a)(2) to gross sexual imposition. We conclude double jeopardy bars prosecution of Voigt for this charge, and we reverse and remand to allow him the opportunity to withdraw his guilty plea.

I

[¶ 2] On August 4, 2004, Voigt was charged with gross sexual imposition and an attorney was appointed to represent...

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