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STATE v. SHELDON

Cr. No. 776.

312 N.W.2d 367 (1981)

STATE of North Dakota, Plaintiff and Appellant, v. Gary SHELDON, Defendant and Appellee.

Supreme Court of North Dakota.

November 16, 1981.

Attorney(s) appearing for the Case

John Romanick, States Atty., Washburn, for plaintiff and appellant; argued by Romanick.

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for defendant and appellee; argued by Irvin B. Nodland, Bismarck.

ERICKSTAD, Chief Justice.

This is an appeal by the State of North Dakota, through the McLean County States Attorney, from the May 5, 1981, order of the District Court of McLean County reducing, under Rule 35, N.D.R.Crim.P., the sentence previously imposed upon the defendant, Gary Sheldon, on his conviction for reckless endangerment. We affirm.

The incident leading to Sheldon's conviction occurred on March 19, 1979, when Deputy Sheriffs James Anderson and Douglas...

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