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STATE v. GUSTAFSON

Cr. Nos. 633, 634.

278 N.W.2d 358 (1979)

STATE of North Dakota, Plaintiff and Appellee, v. Scott GUSTAFSON, Defendant and Appellant. STATE of North Dakota, Plaintiff and Appellee, v. Gordon NELSON, Defendant and Appellant.

Supreme Court of North Dakota.

April 12, 1979.

Attorney(s) appearing for the Case

Greenwood, Greenwood & Greenwood, Dickinson, for defendants and appellants; argued by Mark L. Greenwood, Dickinson.

Albert J. Hardy, State's Atty., Dickinson, for plaintiff and appellee; on briefs only.

PEDERSON, Justice.

These are separate appeals asking for review under § 29-32-09, NDCC (Uniform Post-Conviction Procedure Act), from orders denying post-conviction remedies. Orders are considered judgments (see § 29-32-07, NDCC); however, no specific findings of fact or conclusions of law were made. Gustafson and Nelson moved for "judgment upon brief of appellant and to vacate judgment of trial court" because of the failure of the state's attorney to serve...

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