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STATE v. CLINKSCALES

Crim. No. 950002.

536 N.W.2d 661 (1995)

STATE of North Dakota, Plaintiff and Appellee, v. Sean CLINKSCALES, Defendant and Appellant.

Supreme Court of North Dakota.

August 29, 1995.

Attorney(s) appearing for the Case

Douglas Mattson, State's Atty., Minot, for plaintiff and appellee.

Richard B. Thomas of Thomas Law Firm, Minot, for defendant and appellant.

LEVINE, Justice.

Sean Christopher Clinkscales appeals from a conviction of Class B felony robbery for which he was sentenced to the North Dakota State Penitentiary for a period of ten years, the first four to be served without parole, under NDCC § 12.1-32-02.1, the mandatory minimum sentencing statute for armed offenders. We hold the trial court did not err in refusing to give a lesser included offense jury instruction or in refusing to allow disclosure

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