STATE v. MARTIN

No. 20100204.

793 N.W.2d 188 (2011)

2011 ND 6

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

Supreme Court of North Dakota.

January 12, 2011.


Attorney(s) appearing for the Case

Ladd Ronald Erickson , Washburn, N.D., for plaintiff and appellee.

Carl Joseph Martin , Garrison, N.D.; self-represented.


KAPSNER, Justice.

[¶ 1] Carl Martin appeals from a criminal judgment entered after he conditionally pled guilty to maintaining a public nuisance. Martin argues the district court erred in denying his motion to dismiss because the State may not simultaneously pursue both a civil action and a criminal action against the same individual for the same public nuisance under N.D.C.C. § 42-01-07. We affirm, holding N.D.C.C. § 42-01-07 does not provide a list...

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