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STATE v. HEART

Cr. No. 879.

334 N.W.2d 479 (1983)

STATE of North Dakota, Plaintiff and Appellee, v. Maximillion A. HEART, a/k/a Dayo H. Nagel, Defendant and Appellant.

Supreme Court of North Dakota.

May 26, 1983.

Attorney(s) appearing for the Case

Arne F. Boyum, State's Atty., Rolla, for plaintiff and appellee.

Kent L. Johnson, Teevens, Johnson, Montgomery, Minot, and Thomas Schoppert, New Town, for defendant and appellant; argued by Thomas Schoppert, New Town; Kent L. Johnson, Minot, on brief.

PEDERSON, Justice.

Heart was tried and convicted of committing the class B felony—possession of marijuana with intent to deliver (§ 19-03.1-23(1), NDCC). He was tried before a jury jointly with Scott R. Rougemont and was sentenced to serve four years in the North Dakota penitentiary (§ 12.1-32-01(3), NDCC). The last two and one-half years of the sentence were suspended. Heart appealed and we affirm the judgment of conviction and the sentence.

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