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McMORROW v. STATE

Civ. No. 930337.

516 N.W.2d 282 (1994)

Patrick T. McMORROW, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

May 19, 1994.

Attorney(s) appearing for the Case

Mark A. Beauchene, Wold, Johnson, Feder, Brothers, Beauchene & Schimmelpfennig, Fargo, for petitioner and appellant.

Mark R. Boening, Asst. State's Atty., Fargo, for respondent and appellee.

SANDSTROM, Justice.

Patrick T. McMorrow appeals from a trial court judgment dismissing his application for post-conviction relief. Because McMorrow's notice of appeal was not timely filed, we remand to the trial court to determine, under Rule 4(a), N.D.R.App.P., whether there was excusable neglect for the late-filed notice of appeal.

I

In October 1992, Patrick T. McMorrow was convicted by a jury of gross sexual imposition in violation of N.D.C.C...

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