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STATE v. DRADER

Cr. No. 880085.

432 N.W.2d 553 (1988)

STATE of North Dakota, Plaintiff and Appellee, v. Terrance DEADER, Defendant and Appellant.

Supreme Court of North Dakota.

December 6, 1988.

Attorney(s) appearing for the Case

Lyle Witham, State's Attorney, Towner, for plaintiff and appellee.

Swain Benson, Benson Law Office, Bottineau, for defendant and appellant.

VANDE WALLE, Justice.

This is an appeal from an order revoking probation and imposition of a suspended sentence and sentencing Terrance Drader to the Penitentiary. Because we conclude that the trial court erred in revoking probation, the order is reversed.

On January 7, 1985, Terrance Drader was sentenced to 15 years' hard labor at the North Dakota State Penitentiary.1 The trial court ordered that upon service of five years, the...

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