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STATE v. GARVIN

Cr. No. 882.

329 N.W.2d 621 (1983)

STATE of North Dakota, Plaintiff and Appellee, v. Francis GARVIN, Defendant and Appellant.

Supreme Court of North Dakota.

February 10, 1983.

Attorney(s) appearing for the Case

Melody R.J. Jensen, Asst. States Atty., and Robert G. Hoy, State's Atty., Fargo, for plaintiff and appellee; argued by Melody R.J. Jensen.

George E. Duis, Fargo, for defendant and appellant.

ERICKSTAD, Chief Justice.

This is an appeal by the defendant, Francis Wesley Garvin, from a modified sentence, dated July 7, 1982, by the County Court with Increased Jurisdiction of Cass County. We reverse and remand so that the original sentence may be reinstated.

The facts in this case are not in dispute and thus can be briefly summarized. Garvin was arrested for driving while under the influence of intoxicating liquor in violation of Section 39-08-01, N...

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