State v. Shafer-Imhoff

VANDE WALLE, Chief Justice.

[¶ 1] Kathlene Shafer-Imhoff appealed the district court judgment and conviction of two counts of removal of a child from the state in violation of N.D.C.C. § 14-14-22.1. We affirm the verdicts but remand to the trial court for re-sentencing in accordance with this opinion.

I

[¶ 2] Kathlene Shafer-Imhoff (“Shafer”) and Lars Imhoff (“Imhoff’) were divorced in March of 1998, after nine years of marriage. Imhoff was granted custody of their two children and Shafer was granted visitation. The parties agreed Shafer would have the children for extended visitation during the…