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STATE v. ORR

Crim. No. 1073.

375 N.W.2d 171 (1985)

STATE of North Dakota, Plaintiff and Appellee, v. Kenneth L. ORR, Defendant and Appellant.

Supreme Court of North Dakota.

October 1, 1985.

Attorney(s) appearing for the Case

John E. Greenwood, Asst. State's Atty., Jamestown, for plaintiff and appellee.

Hjellum, Weiss, Nerison, Jukkala, Wright & Paulson, Jamestown, for defendant and appellant; argued by Thomas E. Merrick, Jamestown.

LEVINE, Justice.

Kenneth L. Orr appeals his sentence for driving under the influence in violation of North Dakota Century Code § 39-08-01. We reverse and remand.

On July 6, 1984 Orr was charged with driving under the influence of intoxicating liquor (DUI). The State subsequently moved to amend the complaint to allege that this was Orr's second DUI offense within five years and that if convicted he should be sentenced as a second DUI offender pursuant...

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