November 17, 2009
STATE NORTH DAKOTA, PLAINTIFF AND APPELLEE
MATTHEW C. KURTENBACH, DEFENDANT AND APPELLANT
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Georgia Dawson, Judge.
[¶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
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