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KAISER v. STATE

Crim. No. 1233.

417 N.W.2d 175 (1987)

Clifford John KAISER, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

December 29, 1987.

Attorney(s) appearing for the Case

Pulkrabek & Tuntland, Mandan, for petitioner and appellant; argued by Thomas M. Tuntland, Mandan.

Merle Ann Torkelson, State's Atty., Washburn, for respondent and appellee.

GIERKE, Justice.

Clifford Kaiser appeals from an order of the McLean County Court, dated December 2, 1986, denying his application for post-conviction relief. We reverse the order and remand.

On March 30, 1984, Clifford Kaiser was arrested and charged with driving a motor vehicle while under the influence of intoxicating liquor in violation of Section 39-08-01 of the North Dakota Century Code.

Kaiser was arraigned before McLean County Court on April...

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