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STATE v. FONTAINE

Cr. No. 1121.

382 N.W.2d 374 (1986)

STATE of North Dakota, Plaintiff and Appellee, v. Elwin John FONTAINE, Defendant and Appellant.

Supreme Court of North Dakota.

February 20, 1986.

Attorney(s) appearing for the Case

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

Charles J. Gilje, State's Atty., Jamestown, for plaintiff and appellee.

ERICKSTAD, Chief Justice.

The defendant Elwin John Fontaine appeals from a district court conviction of the crime of gross sexual imposition, finding him to be a dangerous special offender, and ordering him to be imprisoned in the State Penitentiary for a period of 30 years. We affirm.

At approximately 7:20 a.m., on the morning of Saturday, November 24, 1984, Dynae Gorman was suddenly awakened when the bed covers were thrown off her. Immediately after being...

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