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STATE v. SCHWEITZER

Cr. No. 930167.

510 N.W.2d 612 (1994)

STATE of North Dakota, Plaintiff and Appellee, v. Kenneth Adam SCHWEITZER, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

January 5, 1994.

Attorney(s) appearing for the Case

Constance L. Cleveland, Asst. State's Atty., Fargo, for plaintiff and appellee.

Leslie D. Johnson, Fargo, for defendant and appellant.

VANDE WALLE, Chief Justice.

Kenneth Adam Schweitzer, Jr., appealed from a criminal judgment and commitment entered pursuant to his plea of guilty to robbery. We reverse and remand to allow Schweitzer to withdraw his guilty plea.

On March 9, 1993, Schweitzer was charged with the January 1993 robbery of a Fargo Subway restaurant. The criminal information alleged that, during the commission of the crime, Schweitzer "threatened" an employee "by his use and possession...

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