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SAMPSON v. STATE

Cr. No. 910093.

478 N.W.2d 566 (1991)

Dennis SAMPSON, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

December 9, 1991.

Attorney(s) appearing for the Case

Fleming, DuBois & Trenbeath, Cavalier, for petitioner and appellant; argued by Lawrence D. DuBois.

Lisa Beckstrom Gibbens (argued), States Atty., Cando, for respondent and appellee.

MESCHKE, Justice.

Dennis Sampson appeals from a denial of post-conviction relief, arguing that his 1989 negligent-homicide conviction violated his constitutional rights against double jeopardy, and that he was deprived of effective assistance of counsel. We conclude that jeopardy attached when Sampson pleaded guilty to negligent homicide before misdemeanor convictions, and that those convictions were not for the same conduct. Therefore, we affirm.

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