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STATE v. McELYA

No. 20100349.

799 N.W.2d 373 (2011)

2011 ND 137

STATE of North Dakota, Plaintiff and Appellee v. Margie Ann McELYA, Defendant and Appellant.

Supreme Court of North Dakota.

July 13, 2011.

Attorney(s) appearing for the Case

Jackson J. Lofgren (argued), Assistant State's Attorney, Mandan, ND, for plaintiff and appellee.

Benjamin C. Pulkrabek (argued), Mandan, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Margie Ann McElya appealed a criminal judgment after she was convicted of two counts of theft. McElya argued she was subjected to double jeopardy because she was charged with, and convicted of, two counts of theft for taking one wallet in one incident. We affirm the judgment because McElya waived her double jeopardy claim.

I

[¶ 2] McElya was charged with two counts of theft for taking Sarah Messmer's wallet. On the...

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