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STATE v. McCLUNG

Cr. No. 940202.

529 N.W.2d 852 (1995)

STATE of North Dakota, Plaintiff and Appellee, v. Joseph Ottis McCLUNG, Sr., Defendant and Appellant.

Supreme Court of North Dakota.

March 16, 1995.

Attorney(s) appearing for the Case

Timothy C. Wilhelm, Asst. State's Atty., Courthouse, Minot, for plaintiff and appellee.

Richard B. Thomas, Minot, for defendant and appellant.

VANDE WALLE, Chief Justice.

Joseph Ottis McClung appealed a judgment of conviction for the crime of Gross Sexual Imposition by the district court, Northwest Judicial District. We hold the judge did not rely upon religion in imposing sentence. We affirm.

McClung was convicted after pleading guilty to committing the crime of Gross Sexual Imposition with a nine-year-old male victim. During the sentencing hearing but prior to imposition of sentence, McClung, an...

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