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STATE v. OTTO

Cr. No. 560.

245 N.W.2d 885 (1976)

STATE of North Dakota, Plaintiff-Appellee, v. Wayne OTTO, Defendant-Appellant.

Supreme Court of North Dakota.

Rehearing Denied October 15, 1976.

Attorney(s) appearing for the Case

Vogel & Pulkrabek, Mandan, for defendant-appellant; argued by Benjamin C. Pulkrabek, Mandan.

Richard L. Schnell, State's Atty., Mandan, for plaintiff-appellee; argued by Marvin M. Hager, Asst. State's Atty., Mandan.

PAULSON, Judge.

Wayne Otto [hereinafter Otto] was convicted of the crime of possession of cocaine by a jury in the District Court of Morton County on March 12, 1976. Sentencing was set for March 18, 1976, and Otto through his counsel also presented a motion for a new trial on the same date. The motion for a new trial was denied on March 18, 1976, and on the same date Otto was sentenced to two years in the state penitentiary. The matter is now before this court on...

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