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STATE v. ROGERS

No. 20060300.

730 N.W.2d 859 (2007)

2007 ND 68

STATE of North Dakota, Plaintiff and Appellee v. Joseph ROGERS, Defendant and Appellant.

Supreme Court of North Dakota.

May 8, 2007.

Attorney(s) appearing for the Case

Rozanna C. Larson, Assistant State's Attorney, Minot, N.D., for plaintiff and appellee.

Thomas J. Gunderson, North Dakota Public Defenders' Office, Minot, N.D., for defendant and appellant.

MARING, Justice.

[¶ 1] Joseph Rogers appeals from criminal judgments entered after he was found guilty of sexual assault and criminal trespass. We conclude there was insufficient evidence of a mental disease or defect to support a sexual assault conviction under N.D.C.C. § 12.1-20-07(1)(b). We reverse the criminal judgment based on the verdict of guilty to the charge of sexual assault and remand for dismissal of count two of the Information. We conclude...

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