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State v. Kurtenbach

November 17, 2009

STATE NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
MATTHEW C. KURTENBACH, DEFENDANT AND APPELLANT



Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Georgia Dawson, Judge.

Per curiam.

AFFIRMED.

[¶1] Matthew Kurtenbach appealed from a district court judgment entered upon guilty pleas to one count of forgery and two counts of unauthorized use of personal identifying information.

[¶2] Kurtenbach contends the judgment of conviction violates double jeopardy. An unconditional guilty plea waives all non-jurisdictional defects alleged to have occurred prior to the guilty plea, including a double jeopardy claim. See Heyen v. State, 2001 ND 126, ¶ 12, 630 N.W.2d 56; United States v. Broce, 488 U.S. 563, 569-74 (1989). We affirm the judgment under N.D.R.App.P. 35.1(a)(7).

[¶3] Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Dale V. Sandstrom

Daniel J. Crothers

Mary Muehlen Maring

20091117

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