STATE v. MERTENS

Cr. No. 618.

268 N.W.2d 446 (1978)

STATE of North Dakota, Plaintiff and Appellee, v. David John MERTENS, Defendant and Appellant.

Supreme Court of North Dakota.

Specially Concurring Opinion July 12, 1978.

As Amended July 12, 1978.

Rehearing Denied August 3, 1978.


Attorney(s) appearing for the Case

David Garcia, Devils Lake, for defendant and appellant.

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


SAND, Justice.

The defendant, David John Mertens, was found guilty by a Ramsey County district court jury of the offense of possessing a controlled substance with intent to deliver in violation of §§ 19-03.1-05, Schedule I, paragraph 4, and 19-03.1-23, North Dakota Century Code (a felony). The district court entered a judgment of conviction, from which the defendant appealed.

The defendant, on appeal, raised several issues of error, the principal...

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