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STATE v. YOST

Nos. 20140067, 20140070, 20140071.

855 N.W.2d 829 (2014)

2014 ND 209

STATE of North Dakota, Plaintiff and Appellee v. Dale YOST, Defendant and Appellant.

Supreme Court of North Dakota.

November 12, 2014.

Attorney(s) appearing for the Case

Cassey A. Breyer , Assistant State's Attorney, Towner, ND, for plaintiff and appellee.

Lee M. Grossman , Valley City, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Dale Yost appeals from a criminal judgment entered on an Alford plea to five counts of gross sexual imposition. We conclude the record does not establish Yost knowingly and intelligently waived his right to counsel, and his conduct did not rise to the functional equivalent of a voluntary waiver of his right to counsel. We reverse and remand for resentencing with appointed counsel.

I

[¶ 2] In October 2012,...

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