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STATE v. GEISER

No. 20080120.

763 N.W.2d 469 (2009)

2009 ND 36

STATE of North Dakota, Plaintiff and Appellee v. Michelle GEISER a/k/a Michelle Behles, Defendant and Appellant.

Supreme Court of North Dakota.

April 2, 2009.

Attorney(s) appearing for the Case

Ladd R. Erickson (argued), State's Attorney, Washburn, ND, for plaintiff and appellee.

Thomas J. Glass (argued), Bismarck, ND, for defendant and appellant.

Thomas A. Dickson, Dickson Law Office, Bismarck, ND, and Tiloma Jayasinghe and Lynn M. Paltrow, National Advocates for Pregnant Women, New York, NY, on brief for amicus curiae defendant and appellant.

KAPSNER, Justice.

[¶ 1] Michelle Geiser ("Geiser") appeals from a district court order denying her motion to dismiss the charge of endangerment of a child. We hold the district court erred by concluding the charge of endangerment of a child applies to an unborn child. We reverse and remand to allow Geiser the opportunity to withdraw her guilty plea to the charge of endangerment of a child.

I.

[¶ 2] On or about September 24, 2007, Geiser...

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