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STATE v. GAHNER

Cr. No. 870048.

413 N.W.2d 359 (1987)

STATE of North Dakota, Plaintiff and Appellee, v. Steven D. GAHNER, Defendant and Appellant.

Supreme Court of North Dakota.

September 29, 1987.

Attorney(s) appearing for the Case

Jerome L. Renner, State's Atty., Steele, for plaintiff and appellee.

Hjellum, Weiss, Nerison, Jukkala, Wright & Paulson, Jamestown, for defendant and appellant; argued by James A. Wright.

MESCHKE, Justice.

Steven Gahner was convicted of driving while under the influence of intoxicating liquor (DUI)1 and sentenced for a class A misdemeanor as a third-time offender. On this appeal, Gahner claims that he did not receive notice of the State's proposed use of his prior convictions to increase the charge and enhance his sentence. We agree. Therefore, we vacate his sentence and remand...

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