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STATE v. CUMMINGS

Cr. No. 1130.

386 N.W.2d 468 (1986)

STATE of North Dakota, Plaintiff and Appellee, v. Terry CUMMINGS, Defendant and Appellant.

Supreme Court of North Dakota.

April 23, 1986.

Attorney(s) appearing for the Case

Melody R.J. Jensen, Asst. State's Atty., Fargo, for plaintiff and appellee.

Kirschner and Baker, Fargo, for defendant and appellant; argued by Irvin B. Nodland on behalf of Mr. Kirschner.

LEVINE, Justice.

Terry Cummings appeals his sentences for driving while under the influence (DUI) and driving while license suspended (DUS) in violation of North Dakota Century Code § 39-08-01 and § 39-06-42. We reverse and remand.

DUI

Cummings was charged with DUI with two prior convictions within five years, a class A misdemeanor. NDCC § 39-08-01(3). Cummings moved to suppress evidence...

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