State v. Lebus

ERICKSTAD, Chief Justice.

This case involves the following question of law certified to this Court by the County Court of Cass County, pursuant to Rule 47.1, North Dakota Rules of Appellate Procedure, and Chapter 32-24, North Dakota Century Code:

“Is it unconstitutional to apply the Class A Misdemeanor portion of Section 39-08-01(2) of the North Dakota Century Code in that defendant’s prior conviction was before the enactment of the law?”

The county court answered the question in the negative.

On November 19, 1982, a complaint was filed in Cass County Court charging the defendant, William H.…