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STATE v. WETZEL

No. 20110080.

806 N.W.2d 193 (2011)

2011 ND 218

STATE of North Dakota, Plaintiff and Appellee v. John Douglas WETZEL, Defendant and Appellant.

Supreme Court of North Dakota.

November 15, 2011.

Attorney(s) appearing for the Case

Jacob Tyler Rodenbiker , Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.

Jeffrey Scott Weikum , Bismarck, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] John Wetzel appeals from a criminal judgment revoking his probation. Wetzel argues the State was precluded from seeking to revoke his probation on the basis of its allegation that he committed a new offense of aggravated assault, because a jury acquitted him of the same offense before the revocation hearing. We affirm.

I

[¶ 2] In 2008, Wetzel was convicted of two counts of terrorizing, one count of aggravated assault...

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