Lange v. StateCivil No. 970089

Per Curiam.

[¶1] Michael Lange appealed an order summarily denying his second application for post-conviction relief. He argued his acquittal of felonious restraint in Mercer County demonstrated his Oliver County conviction for gross sexual imposition was barred by collateral estoppel and double jeopardy. He argued repetition of evidence of Mercer County conduct in the Oliver County trial, without telling the jury he was acquitted in the Mercer County trial, was obvious error requiring reversal of his conviction. We decided the intertwined issues of collateral estoppel and double jeopardy in State v. Lange, 497 N.W.2d 83 (N.D. 1993), and we denied post-conviction relief in Lange v. State, 522 N.W.2d 179 (N.D. 1994). Therefore, we affirm under NDRAppP 35.1(a)(6) and (7). See NDCC 29-32.1-12 (1) and (2)(a).[¶2]Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Dale V. Sandstrom
Mary Muehlen Maring
William A. Neumann