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STATE v. DEUTSCHER

No. 20080207.

766 N.W.2d 442 (2009)

2009 ND 98

STATE of North Dakota, Plaintiff and Appellant v. Jennifer DEUTSCHER, Defendant and Appellee

Supreme Court of North Dakota.

June 17, 2009.

Attorney(s) appearing for the Case

Julie A. Lawyer (argued), Assistant State's Attorney, Bismarck, ND, for plaintiff and appellant.

Kent M. Morrow (argued), Bismarck, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] The State of North Dakota appeals a trial court order of dismissal, setting aside a jury verdict of guilty and entering a judgment of acquittal. We conclude the State was not authorized to appeal the order of dismissal; however, we consider the State's attempt at an appeal a petition for supervisory writ. We further hold the trial court did not have the authority, on its own motion, to set aside the guilty verdict. Therefore, we reverse...

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