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STATE v. STEGALL

Nos. 20120362, 20120365, 20120386.

828 N.W.2d 526 (2013)

2013 ND 49

STATE of North Dakota, Plaintiff and Appellant v. Alexis STEGALL, Defendant and Appellee. State of North Dakota, Plaintiff and Appellant v. Chelsea Hettich, Defendant and Appellee. State of North Dakota, Plaintiff and Appellant v. Kimberlie Nicole Lamon, Defendant and Appellee.

Supreme Court of North Dakota.

April 4, 2013.

Attorney(s) appearing for the Case

Nathan K. Madden (argued), Assistant State's Attorney, Williston, N.D., for plaintiff and appellant.

Adrianne L. Fernstrom (argued), N.D. Public Defenders' Office, Williston, N.D., for defendant and appellee Alexis Stegall.

Mark S. Douglas (appeared), N.D. Public Defenders' Office, Williston, N.D., for defendant and appellee Chelsea Hettich.

Robert W. Martin (appeared), N.D. Public Defenders' Office, Minot, N.D., for defendant and appellee Kimberlie Nicole Lamon.

MARING, Justice.

[¶ 1] The State appeals the trial courts' orders dismissing three separate criminal complaints of endangerment of a child against Alexis Stegall, Chelsea Hettich, and Kimberlie Lamon ("Defendants"). We hold that the trial courts properly dismissed the criminal complaints against the Defendants by concluding the charge of endangerment of a child under N.D.C.C. § 19-03.1-22.2 does not apply to acts committed by the mother against an unborn...

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