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STATE v. GOELLER

Crim. No. 611-A.

275 N.W.2d 341 (1979)

STATE of North Dakota, Plaintiff and Appellant, v. Julie Ann GOELLER, Defendant and Appellee.

Supreme Court of North Dakota.

February 6, 1979.

Attorney(s) appearing for the Case

John T. Paulson, State's Atty., Valley City, for plaintiff and appellant; argued by Mikal Simonson, Asst. State's Atty.

Irvin B. Nodland and Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for defendant and appellee; argued by Julie Ann Goeller, pro se.

ERICKSTAD, Chief Justice.

In this case, the State's Attorney of Barnes County has taken an appeal on behalf of the State of North Dakota from an order of the Barnes County Court of Increased Jurisdiction (the Honorable George E. Duis, Judge of the Cass Counts Court presiding), dated the 13th of July, 1978.

The pertinent part of the order follows:

"The defendant having been convicted of possession of a controlled substance, and having been sentenced...

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