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STATE v. MATHISEN

Cr. Nos. 987 and 995 to 1001.

356 N.W.2d 129 (1984)

STATE of North Dakota, Plaintiff and Appellee, v. Bob MATHISEN, a.k.a. Robert Mathisen, Defendant and Appellant.

Supreme Court of North Dakota.

October 23, 1984.

Attorney(s) appearing for the Case

Owen K. Mehrer, State's Atty., Dickinson, for plaintiff and appellee; argued by Ronald L. Hilden, Asst. State's Atty., Dickinson.

James D. Gion, Regent, for defendant and appellant.

SAND, Justice.

Robert O. Mathisen appealed from judgments of conviction on eight counts of issuing checks without sufficient funds and from an amended judgment finding him in contempt for failure to comply with the conditions of a prior judgment. After the appeal was taken Mathisen filed a motion to vacate the convictions and dismiss the appeal on the basis that NDCC § 6-08-16, as amended in 1983, was declared unconstitutional by State v. Fischer,

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