State v. Burckhard

MARING, Justice.

[¶ 1] This is the second appeal by the State of North Dakota from an order of the district court dismissing the criminal information filed against Father Leonard Wayne Burck-hard. We affirm.

I

[¶ 2] As reported in State v. Burckhard, 1998 ND 121, 579 N.W.2d 194 [.Burckhard I], this case arises from a criminal information charging Father Burckhard, a parish priest for St. Catherine’s Church in Valley City, with theft of property, a violation of N.D.C.C. § 12.1-23-02(1) and Class B felony under N.D.C.C. § 12.1-23-05(1). The State alleged Burckhard “knowingly took and exercised…