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STATE v. FRANCK

Cr. No. 920159.

495 N.W.2d 60 (1993)

STATE of North Dakota, Plaintiff and Appellee, v. Stella FRANCK, aka John Doe 632, Defendant and Appellant.

Supreme Court of North Dakota.

January 22, 1993.

Attorney(s) appearing for the Case

Constance L. Cleveland (argued), Assistant State's Atty., Fargo, for plaintiff and appellee.

Peter B. Crary, argued on behalf of counsel of record, Richard D. Varriano, Moorhead, MN, for defendant and appellant.

MESCHKE, Justice.

We remand an appeal of a criminal conviction to the trial court to determine whether there was excusable neglect for a late-filed notice of appeal.

Stella Franck was one of 41 people arrested at the abortion clinic in Fargo on November 21, 1991. She was charged with violating NDCC 12.1-10-05 by disobeying a recent injunction that restrained obstruction of the clinic. The court order prohibited going within 100 feet of the clinic, "except...

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