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Shalee Youngbird appeals restitution order to North Dakota Supreme Court

Shalee Ann Youngbird, 22, is appealing to the North Dakota Supreme Court an order that she pay $56,917.46 in restitution for stealing a Chevrolet Camaro, speeding, crashing into a motor vehicle and injuring the other driver and totaling both vehicles, then leaving the scene of the crash on foot without notifying authorities on Sept. 13, 2019.

Youngbird’s attorney is arguing that North Central District Court Judge Richard Hagar erred in ordering restitution because a restitution hearing should have been held, the state failed to provide sufficient evidence to support the amount of restitution ordered, and the district court had lost jurisdiction to order the restitution.

A prosecutor from the Ward County State’s Attorney’s Office argues that there was sufficient evidence for the finding, the district court had not lost jurisdiction, and Youngbird had not demanded a hearing or disputed the facts of the case in court and no hearing was necessary because the restitution was ordered pursuant to an agreement.

Victims are entitled to full restitution under the state’s Marsy’s Law.

Youngbird was sentenced in February to five years in prison, with a requirement that she serve two years, and three years of supervised probation for the felonies. She pleaded guilty to Class B felony theft of a motor vehicle, Class C felony reckless endangerment, Class A misdemeanor duty to notify in the event of an accident involving injury, Class A misdemeanor possession of methampehtamine, Class A misdemeanor criminal trespass, and Class A misdemeanor escape.

Oral arguments in the appeal are scheduled for Nov. 30 before the state supreme court in Bismarck.

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