STATE v. DeCOTEAU

Cr. No. 843.

325 N.W.2d 187 (1982)

The STATE of North Dakota, Plaintiff and Appellee, v. Raphael DeCOTEAU, Defendant and Appellant.

Supreme Court of North Dakota.

October 20, 1982.


Attorney(s) appearing for the Case

A.S. Benson, State's Atty., Bottineau, for plaintiff and appellee; argued by A. Swain Benson, Asst. State's Atty.

John R. Gregg, Bottineau, for defendant and appellant.


SAND, Justice.

The appellant-defendant, Raphael DeCoteau, on 14 September 1981, entered a plea of not guilty to the charge of theft of property, a class C felony. The matter was set for jury trial to be held on 8 December 1981. However, on that date, before jury selection began, the defendant, through his counsel, made a motion to withdraw the plea of not guilty and to plead guilty. The motion was heard on that date and the court explained and advised the defendant...

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