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STATE v. McKAY

Crim. No. 517.

234 N.W.2d 853 (1975)

STATE of North Dakota, Plaintiff, Appellee, v. Floyd McKAY, Defendant, Appellant.

Supreme Court of North Dakota.

Rehearing Denied November 4, 1975.

Attorney(s) appearing for the Case

Ralph R. LePera (on the briefs and pleadings), and Jane Bickford, Bismarck, for defendant, appellant, argued by Jeffrey Edelman, Bismarck (appearance permitted by special motion).

Lewis C. Jorgenson, Asst. State's Atty., Devils Lake, for plaintiff, appellee.

SAND, Judge.

The defendant-appellant, Floyd McKay, pleaded guilty to robbery in the second degree and was sentenced by the district court of Ramsey County on June 21, 1974, to not less than eight years nor more than ten years in the State Penitentiary.

Thereafter, defendant applied to the same trial court for post-conviction relief under Chapter 29-32, North Dakota Century Code. The defendant made a motion, which...

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