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STATE v. ZUEGER

Cr. No. 900081.

459 N.W.2d 235 (1990)

STATE of North Dakota, Plaintiff and Appellee, v. Douglas Wayne ZUEGER, Defendant and Appellant.

Supreme Court of North Dakota.

July 31, 1990.

Attorney(s) appearing for the Case

Rodney Allen Danielson, Mandan, for defendant and appellant.

Patricia L. Burke, State's Atty., Bismarck, for plaintiff and appellee.

LEVINE, Justice.

Douglas Zueger appeals from a judgment of conviction of gross sexual imposition, a class A felony. Zueger argues that it was error for the presiding district court judge to deny his demand for a change of judge. We affirm.

Section 29-15-21, NDCC, governs a demand for change of judge. At issue here is subsection (4) of that section which precludes a change, if the judge sought to be disqualified has "ruled upon any matter pertaining to the...

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