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STATE v. GEFROH

Cr. No. 890274.

458 N.W.2d 479 (1990)

STATE of North Dakota, Plaintiff and Appellee, v. Gerald GEFROH, Defendant and Appellant.

Supreme Court of North Dakota.

July 3, 1990.

Attorney(s) appearing for the Case

Lyle Gregory Witham (argued), States Atty., Towner, for plaintiff and appellee.

Laura J. Wetsch (argued), Fleming, DuBois & Trenbeath, Langdon, for defendant and appellant.

LEVINE, Justice.

Gerald Gefroh appeals from a judgment and commitment upon revocation of probation. We affirm.

On February 4, 1987, judgment was entered on Gefroh's plea of guilty to Burglary, a class C felony with a maximum penalty of imprisonment for five years, a fine of $5,000, or both. The court sentenced Gefroh to imprisonment for two years and provided:

"It is the Further Order and Judgment of this Court that Defendant serve six (6) months...

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