North Dakota v. Fleck
Annotate this CaseCorey Fleck appealed after a jury found him guilty of one count of theft of property by deception. In March 2019 Fleck sold cattle at Kist Livestock in Mandan. The cattle were subject to liens. Kist issued a check for $10,039, naming Fleck and several lienholders as payees on the check. A friend of Fleck subsequently brought the check to a bank in Elgin, where the check was cashed and the funds deposited into Fleck’s bank account. After the funds had been deposited in Fleck’s account, the bank determined the endorsements from the lienholders were fraudulent and withdrew the money from Fleck’s account. Kist Livestock subsequently reissued a check, proper endorsements were obtained, and the money was distributed by cashier’s checks under an agreement between Fleck and the lienholder payees. Fleck received $400 from the reissued check under the agreement. In November 2019, the State charged Fleck with one count of theft of property by deception, a class B felony. In September 2020, Fleck moved to dismiss the matter, contending that because the only conduct alleged by the State had not occurred in Morton County, the district court did not have jurisdiction over the defendant’s alleged acts. The court denied his motion. After the State rested its case, Fleck moved for an acquittal, arguing the State had not established that any crime had occurred in Morton County, failed to prove he had knowingly obtained property by deception, failed to prove the property was property of the lienholders, or failed to prove the property or services stolen exceeded $10,000 in value. The court denied his motion. The jury returned a verdict of guilty. The North Dakota Supreme Court concluded sufficient evidence supported the jury’s verdict, and affirmed.
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