STATE v. FLEMMER

Cr. No. 449.

211 N.W.2d 189 (1973)

STATE of North Dakota, Plaintiff/Appellee, v. Clay FLEMMER, Defendant/Appellant.

Supreme Court of North Dakota.

Rehearing Denied October 23, 1973.


Attorney(s) appearing for the Case

Benjamin C. Pulkrabek, Bismarck, for defendant/appellant.

Allen I. Olson, Atty. Gen., and Thomas F. Kelsch, State's Atty., and Dennis A. Schneider, Asst. State's Atty., Bismarck, for plaintiff/appellee.


ERICKSTAD, Chief Justice.

On March 26, 1973, the defendant Clay Flemmer pleaded guilty on the advice of counsel to the crime of possession of a controlled substance. The trial judge sentenced him to imprisonment in the State Penitentiary for one year, with the sentence to commence at the expiration of a two-to-five-year term of imprisonment which he was then serving as a result of a conviction of the crime of delivery of...

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